When an employee retires, an employer shall pay the wages and retirement allowances within 14 days after the cause for such payment occurred.

From March 1, 2010 to February 16, 2015, the Defendant, while serving as a factory site at the relevant place of business, did not pay KRW 3,808,070 on December 12, 2014 to retired workers E, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date. < Amended by Act No. 13106, Jan. 3, 2015; Act No. 13173, Feb. 2, 2015; Act No. 13093, Feb. 2, 2015; Act No. 16,489,073>

2. Determination

A. The crime of violating Article 109(1) of the Labor Standards Act due to the delayed payment of retirement allowances is established at the expiration of 14 days from the date on which the cause for payment occurred. Therefore, if the employer is a legal entity, the representative with the authority to pay retirement allowances, etc. at the expiration of the said 14 days is in principle responsible for the crime due to the delayed payment.

B. However, according to the evidence duly adopted and examined by this court, the representative of D at the time when employee E retires is not the defendant but the F, the representative at the time. The evidence submitted by the prosecutor alone is insufficient to recognize that the defendant was in charge of the role as a representative with the right to pay wages, etc. as the actual manager of D, and there is no other evidence to acknowledge this otherwise.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.