(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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 total of KRW 19,354,839 for three retired workers within 14 days from the date of each retirement, as stated in the list of crimes in the attached Table, as well as KRW 3,00,000 on November 1, 2014 of retired workers D, who are in charge of business affairs from August 1, 2013 to December 31, 2014 at the above workplace, without any agreement on the extension of the payment period between the parties.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant did not pay 1,57,940 won, including 5,937,640 won of retirement allowances of retired workers D, who were in charge of business affairs from August 1, 2013 to December 31, 2014 at the above workplace, within 14 days from each retirement date, without any agreement on the extension of the payment deadline between the parties, as stated in the list of crimes in the attached Table.

2. Each of the facts charged in the instant case is an offense against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

The victims are the defendants of this Court on March 28, 2017 after the institution of the prosecution of this case.