When a worker retires, the employer shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, at the same place of business, worked from June 21, 2016 to December 17, 2016 at the above place of business, and retired D’s wages of November 2, 2016, including the total of KRW 3,159,043, the total of four workers’ wages, including KRW 2,391,302, and the total of KRW 767,741, Dec. 2, 2016, did not pay KRW 9,454,043, respectively, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

2. The instant facts charged are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”) and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the former Labor Standards Act.

However, according to the records, on May 26, 2020, after the prosecution of this case was instituted, the victims' petition for the punishment of the defendant was submitted to this court on May 26, 2020. Thus, this part of the facts charged constitutes the time when the victims' express intent not to prosecute a case which cannot be prosecuted against the victim's explicit intent was expressed.

Therefore, all of the prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.