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

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

Nevertheless, the Defendant did not pay the amount of KRW 2,50,00 for October 1, 2016, which was worked as the head of the department from August 1, 2006 to December 31, 2016 at the above workplace, and KRW 2,50,000 for the monthly wage, KRW 2,50,00 for the December wage, KRW 2,500 for retirement allowance, KRW 25,501,784 for the retirement allowance, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Judgment

The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the express will of the victimized workers under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, on April 30, 2019, after the prosecution of this case was instituted, the injured workers D withdrawn the wish to punish the defendant, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.