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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 621,360 as wages of August 2, 2016, and KRW 1,330,951,360 as wages of September 2016, and KRW 1,330,00 as well as KRW 1,351,360 as wages of September 2016, without having agreed on the extension of the payment date between the parties, at around October 2016 and from September 29, 2016.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. Declaration of non-existence of punishment: Withdrawal of complaint and application for non-prosecution of punishment submitted on June 24, 2019, after the institution of this case was indicted.

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