1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or 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 worked in the foregoing workplace from April 16, 2013 to June 1, 2018, and retired from the said workplace, and paid 12,50,000 won monthly wage for five months from December 2017 to April 2018, as totaling 12,50,000 won, wage of May 2018, including 1,685,720 won, annual unused allowance of 5,16,666 won, as stated in the attached list of crimes, and did not pay 96,46,24 won, including 10 workers’ wage, such as 10 workers’ wage, within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant, at the foregoing place of business, worked from April 16, 2013 to June 1, 2018 and retired from office, did not pay the total of KRW 12,674,153 of the E retirement pay of KRW 64,680,834 as stated in the attached crime list, even though there was no agreement between the parties on the extension of the due date, within 14 days from the date of each retirement.

Judgment

The facts charged in this case are 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 express opinions of victims under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits