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 if special circumstances exist.

Nevertheless, the Defendant, at the foregoing workplace, worked from December 1, 2012 to April 30, 2015; from July 1, 2016 to May 31, 2018; and from July 1, 2016 to May 31, 2018, the Defendant did not pay KRW 2,886,050, in total, the amount of unpaid annual paid leave allowances of D, including KRW 710,550, and the amount of unpaid annual paid leave allowances of D, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(b) When a worker retires, the employer shall 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 if special circumstances exist.

Nevertheless, the Defendant, at the foregoing workplace, worked from December 1, 2012 to April 30, 2015, and from July 1, 2016 to May 31, 2018, did not pay the total amount of KRW 7,370,556 of D’s retirement allowances within 14 days from the date of retirement without agreement between the parties to the extension of the payment 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-performance 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 31, 2019, after the prosecution of this case, a written agreement stating the victim's intent not to punish the defendant is submitted.

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