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, at the foregoing workplace, worked as an agent from January 1, 2012 to November 7, 2013, and did not pay 23,894,820 won, including 387,620 won, to retired workers D, as stated in the details of arrears in the attached Table, to eight workers who retired from the above workplace, and did not pay 14 days after the date of retirement without agreement between the parties concerned regarding the extension of the payment due date.

An employer in violation of 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.

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

Nevertheless, the Defendant, while working on behalf of the said workplace from January 1, 2012 to November 7, 2013, did not pay 14,54,180 won, including 3,329,420 won of retirement allowances of retired workers D, and 14,54,180 won, in total, of three retirement allowances of retired workers, to the said workplace as stated in the details of the arrears of each individual, as well as 14,54,180 won, from the date of retirement without agreement between the parties concerned.

Judgment

The charge of violating each of the Labor Standards Act is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.