When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and 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 is working in the above workplace from May 6, 2003 to January 17, 2020.

Retired Workers E’ 1,373,640 won in the balance of wages on October 2019, November 1, 2011 of the same year, wages of 4,387,660 won in the same year, wages of 4,378,210 won in the same year, wages of 2,589,126 won in the same year, and wages of 2,589,126 won in the same year, from September 5, 2007 to October 31, 2019.

Without an agreement between the parties on the extension of the payment date between the parties, the retired worker F was not paid the total of KRW 13,768,492 for two workers, including the wage balance of KRW 4,039,856 on October 2019, within 14 days from the date of retirement.

(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 by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 84,753,787 for two employees, including the retirement pay amount of KRW 39,385,046 and the retirement pay amount of KRW 45,368,741, etc. of the above F, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Applicable provisions to the facts charged: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 109(2) of the Guarantee of Workers' Retirement Benefits Act;