(a) When a worker dies or retires, the employer in violation of the Labor Standards Act (the point of failure to pay the annual leave allowance) shall pay the wages, compensations, and all other money and 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 served as the head of the management department from November 1, 2012 to August 31, 2015 at the above workplace, and did not pay KRW 574,162 of the annual leave allowance of G workers G retired on September 1, 2015 within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

(b) An employer who violates the Guarantee of Retirement Benefits for Workers (which shall not pay retirement benefits) shall, if a worker retires, pay the retirement benefits within 14 days after the ground for such payment occurred;

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

Nevertheless, the defendant did not pay 8,711,668 retirement allowances of G workers who were employed in the above workplace on September 1, 2015, for 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

2. Of the facts charged above, Articles 109(1) and 36 of the Labor Standards Act and Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits are cases where a public prosecution cannot be instituted against the victim’s express intent under Article 44 of the Labor Standards Act, and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

According to the records, G was punished against the Defendant on January 24, 2018, which was after the prosecution of this case.