(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 763,060 in January 18, 2016 to May 31, 2018, the wages of KRW 763,060 in February 2018, the wages of KRW 1,791,090 in March 2018, the wages of KRW 1,763,060 in April 2018, and the wages of KRW 1,848,460 in May 2018, and KRW 6,928,730 in April 1, 2018, without an agreement on the extension of the payment date between the parties.

(b) An employer shall pay a retirement allowance within 14 days after the cause for payment thereof occurred, if a worker retires;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay 4,384,960 won of D's retirement pay, which had worked in the above workplace, within 14 days from the date of retirement, without agreement between the parties on the extension of the payment deadline.

Under Article 109(2) of the Labor Standards Act, a crime of violating the Labor Standards Act due to the failure to pay wages is an offense falling under Articles 109(1) and 36 of the same Act, and a crime of violating the Act on the Guarantee of Retirement Benefits of Workers due to the failure to pay wages shall not be prosecuted against each victim’s express intent under the proviso to Article 44 of the Act on the Guarantee of Retirement Benefits of Workers, which is an offense falling under Articles 44(1) and 9 of the same Act.

According to the trial records, D withdraws his/her wish to punish the defendant on November 22, 2018, after the institution of public prosecution.