When a worker dies or retires, the employer in violation of the Labor Standards Act 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.

The Defendant is working for the aforementioned business operator from December 1, 2016 to May 30, 2018.

The retired E’s wages of KRW 18,393,548, including the wages of KRW 1,700,000 on February 2, 2018, were not paid within 14 days from each retirement date without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

(b) 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 according to the agreement between the parties in special circumstances.

The Defendant is working in the foregoing workplace from December 1, 2016 to May 30, 2018.

The retirement allowance of retired workers E, including 2,515,068 won, did not pay 6,50,769 won in total for two retirement allowances of retired workers within 14 days from each date of retirement without any agreement between the parties on extension of the due date, as shown in the attached list of crimes.

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C. It may be deemed that workers F and E have withdrawn their wish to punish the Defendant through the submission of the written agreement on May 23, 2019.

Judgment dismissing public prosecution: Criminal Procedure Act.