(a) An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, or any other money or 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.

Defendant 1 worked in the above workplace from May 1, 2010 to March 16, 2016 and retired from office D’s wage of KRW 1,88,630 on March 3, 2014, as shown in attached Table 1 re-statement 2,59,400, totaling KRW 2,365,510, and totaling KRW 77,700,049, including the total sum of withdrawal equipment of KRW 77,700,049, and the total sum of the annual settlement refund money of KRW 2,365,510, as shown in attached Table 2 re-statement 1, 2014, respectively, did not pay it within 14 days from the date of retirement without agreement between the parties.

(b) An employer who violates a guarantee for retirement benefits of a worker shall, where the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred;

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

Defendant 1 worked in the above business from May 1, 2010 to March 16, 2016 and did not pay 71,612,670 won in total for five employees as well as 18,607,490 won in the annexed crime list 1 re-statement 1, as well as 71,612,670 won in total from the date of retirement without agreement between the parties concerned.

2. Determination

(a) Crimes of non-violation of an intention: Articles 109(1), 36, and 109(2) of the Labor Standards Act; Article 44 Subparag. 1, 9, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act;

B. According to the records, all victims are not subject to punishment against the Defendant in this court on August 22, 2017.