When a worker dies or retires, the employer 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, who was employed in the above school from March 1, 1996 to February 28, 2016, did not pay the total of KRW 1.2 million from the date of retirement within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties, including KRW 400,000,000 for the snow bonus in 2015, KRW 400,000,000 for the year 2015, and KRW 400,000 for the snow bonus in 2016.

2. As to the facts charged in the instant case, the Defendant’s life saving bonus not paid to G does not constitute wages.

The argument is asserted.

Wages are money and valuables paid to workers in compensation for work, which are paid continuously and regularly to workers and whose obligation to pay is cancelled to the employer under the collective agreement, rules of employment, wages regulations, labor contracts, labor practices, etc.

In addition, even if bonus is continuously and regularly paid, and if the payment condition is determined, it has the nature of wage paid as remuneration for work. However, the occurrence of the cause for payment is determined by an indefinite and definite factor that is not directly related to the provision of work performance and labor, such as management performance and stability of labor-management relations, etc. Therefore, it cannot be deemed as wages if the payment of bonus is flexible (see, e.g., Supreme Court Decisions 2012Da48077, Apr. 11, 2013; 2003Da5432, 54339, May 26, 2006).