When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

The Defendant is working in the foregoing workplace from July 1, 2015 to June 30, 2018.

A retired worker D’s wage of KRW 3,00,000 on June 6, 2018 and the year-end year-end settlement refund of KRW 377,090 on 2017, including the total amount of wages of KRW 3,377,090, and the total amount of wages of KRW 8,029,490, as shown in the attached crime list, did not pay KRW 8,029,490 on the date of retirement within 14 days from the date of retirement without any agreement

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

The Defendant is working in the foregoing workplace from July 1, 2015 to June 30, 2018.

The retirement allowance of retired workers D, including 8,909,218 won, did not pay 26,280,038 won in total for three employees as stated in the attached list of crimes, within 14 days from the date of retirement, without any agreement on extension between the parties concerned of the due date.

2. Determination

A. Provisions of applicable provisions to facts charged: Article 109(1) (amended by Act No. 16270, Jan. 15, 2019) and Article 36 of the former Labor Standards Act; Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act

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

(c) No penalty: A written agreement on February 28, 2020;

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