1. When a worker dies or retires, the employer shall pay the wages, compensations, and 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.

Nevertheless, the defendant works in the above workplace.

On April 1, 2018, the parties concerned did not pay the total of 27,711,828 won of the wages of 27 retirement workers listed in the separate list of crimes, such as D, etc., within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. Where an employer fails to pay contributions to a participant of a defined contribution plan when any ground prescribed by Presidential Decree arises, such as retirement of the participant, he/she shall pay contributions and interest in arrears equivalent to at least 1/12 of the total annual wages of the participant to the account of the defined contribution plan within 14 days from the date such ground arises;

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

Nevertheless, the defendant works in the above workplace.

On April 1, 2018, 167,256,523 won in total, including 152,532,563 won in retirement pension and interest for delay, 14,723,960 won in total, which are 27 fixed and payable 27 employees listed in the attached list of crimes, such as D, etc., and 14,723,960 won in arrears, did not pay each amount within 14 days from the date of payment cause without agreement between the parties on the extension

However, the facts charged in the instant case constitute an offense falling under Articles 109(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); Article 109(2) of the Labor Standards Act, and Article 44 subparag. 2 of the Guarantee of Workers’ Retirement Benefits Act.