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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace, worked from March 22, 2016 to May 31, 2018, and was retired from office and worked from office from May 2, 2018 and from April 2, 2018 to May 21, 2018.

The retired worker E did not pay KRW 948,387 on May 2018 within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from March 22, 2016 to May 31, 2018 at the above workplace.

The retirement allowance of retired workers D was not paid 3,952,680 won within 14 days from the date of occurrence of the cause for payment without agreement between the parties to the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On May 8, 2019, after the institution of public prosecution, each agreement has been submitted on May 8, 2019, stating the workers’ expression of non-existence of punishment.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;