When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant has been in charge of production work from August 20, 2014 to December 13, 2018 at the above workplace and has been working.

A retired D’s total amount of KRW 4,081,30, including the wage of KRW 214,680 in September 2018, KRW 1,878,730 in October 2018, and KRW 1,506,00 in November 2018, and KRW 4,081,330 in December 2018, without agreement between the parties to the extension of the payment deadline, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay KRW 6,963,09 of the employee D retirement pay, such as the above paragraph (a), within 14 days from the date of retirement, which is the date when the cause for payment occurred, without agreement between the parties to the extension of the payment.

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 Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against or against the victim’s explicit intent.

However, according to the "written application for a punishment" submitted after the closing of argument, workers D want to punish the defendant on April 3, 2020.