When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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 is working from September 8, 2015 to January 7, 2016 at the above workplace.

D's wages of KRW 1,570,00 in December 2015 and KRW 2,481,612 in January 2016 did not pay the total of KRW 911,612 in January 2016 within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act.

D, on March 22, 2016, expressed his/her intention that he/she does not want to receive the payment of overdue wages, and it is recognized that he/she prepared a written confirmation that he/she received the payment of the overdue wages of KRW 2,481,612 on September 30, 2016, which was after the instant prosecution was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.