When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant had worked from January 22, 2014 to July 8, 2016 at the above workplace and had not paid KRW 21,03,542 in total, including KRW 5,645,170, the unpaid wages and retirement allowances, etc. for three workers to F and G, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, it is recognized that all workers expressed their intent not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.