When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and 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.

From May 23, 2018 to December 21, 2018, the Defendant, while serving in this workplace, did not pay the total amount of KRW 2,166,60 on September 9, 2018 of retired workers D, within 14 days from the date of his/her retirement without an agreement on extension of the payment due date, and did not pay the total amount of KRW 32,14,184 of wages of five workers within 14 days from the date of his/her retirement, as shown in the attached list of crimes.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where the worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

From November 20, 2017 to February 28, 2019, the Defendant did not pay KRW 2,804,503 of retirement pay to retired workers E within 14 days from the date of his/her retirement without any agreement on extension of the due date.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. No prosecution may be instituted against the victim’

However, according to the records, each agreement with five damaged workers after the institution of the prosecution of this case is made in this court.