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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, from January 2, 2017 to January 20, 2020, the Defendant works at the construction site of "D Apartment Housing" located in Gwangju Mine-gu.

In addition to the fact that retired workers E did not pay KRW 1,901,520 in January 2019, the total amount of eight workers’ wages did not pay KRW 45,711,220 in total within 14 days from each retirement date without an agreement on the extension of the due date between the parties, as shown in the attached list of crimes.

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 is working in the workplace from July 1, 2018 to August 15, 2019.

In addition to the failure to pay KRW 4,882,890 of retirement allowances of retired workers E, the total amount of KRW 12,359,478 of the three retirement allowances of workers was not paid within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 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. The above workers are not subject to punishment after the indictment of this case.