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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant is working from June 28, 2014 to July 7, 2014 at the construction site, etc. of Dam-gun, Seongbuk-gun, Seongbuk-gun, Gyeongju-gun, in the above workplace.

The retired worker E’s wage of 200,000 won in June 2014, wage of 400,000 won in July 2014, and work for the same period at the same site.

Without agreement on the extension of the payment date between the parties, the retired F's total amount of KRW 1,200,000 in June 2014 and KRW 4,00,000 in July 2014 did not pay each amount within 14 days from the date of retirement, without any agreement on the extension of the payment date between the parties.

2. Determination

(a) Relevant legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.

(c) Declaration of non-existence of punishment: November 17, 2016, which was after the institution of public prosecution.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act