1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the defendant worked in the above workplace from April 1, 2016 to August 31, 2019, and retired from office as wages of June 2, 2019, and the same year.

7. Wages of 3,360,000 won, and the same year.

8. A total of 9,356,550 won of wages, including 3,360,000 won, did not pay 177,878,419 won of wages of 16 workers within 14 days from the date of retirement without an agreement on the extension of payment deadline, 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 in special circumstances, the payment date may be extended according to the agreement between the parties.

Nevertheless, the Defendant, while working in the foregoing workplace from April 1, 2016 to August 31, 2019, did not pay KRW 11,238,689 as well as KRW 192,49,333 of the total amount of retirement allowances of 15 employees, as shown in the attached crime list, within 14 days from the date of retirement without an agreement on extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 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. On February 27, 2020, after filing a prosecution, the withdrawal of a petition stating the employee’s intent not to punish the Defendant is submitted.