When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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.

Nevertheless, the Defendant is working from February 18, 2012 to July 6, 2012 at the above workplace.

On June 2012, retired workers E did not pay 1.9 million won of wages in June 2012 within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. If there are grounds for dispute as to the existence of the obligation to pay wages, etc., the employer shall be deemed to have a reasonable ground for failing to pay such wages. Thus, it is difficult to find that the employer had an intent to commit a crime under Articles 109(1) and 36 of the Labor Standards Act. Whether there is grounds for dispute as to the existence and scope of the obligation to pay wages, etc. shall be determined in light of the employer’s grounds for refusal of payment, the grounds for such obligation, the organization and size of the company operated by the employer, the business purpose, and all other circumstances at the time of dispute as to the existence and scope of the obligation to pay wages, etc. Then, the determination of whether there is an intention to commit a crime under Articles 109(1) and 36 of the Labor Standards Act against the employer should not be readily concluded that the employer has an intention to commit a crime under Articles 109(1) and 36 of the same Act against the employer, on October 27, 2011 (see, e.g., Supreme Court Decisions 2008Do495).