When a worker dies or retires, an employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred, unless there exist any special circumstances.

Nevertheless, the Defendant did not pay KRW 43,031,965, retirement allowances, and KRW 25,410,291, including KRW 12,074,540,540, and retirement allowances of KRW 4,678,088, such as D’s wages, etc. that he/she retired from office from around October 1, 2018 to around October 31, 2019, within 14 days from the date of retirement without agreement between the respective parties on the extension of the payment date.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. On November 18, 2020 and December 16, 2020, after the institution of public prosecution, a non-application for the punishment of workers was submitted respectively.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;