When a worker dies or retires, the employer shall pay the wages, compensations, and other money and other valuables, and retirement allowances within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant is working from July 1, 2015 to July 31, 2018 at the above workplace.

A retired D’s total amount of wages of KRW 36,00,000,000, retirement allowances of KRW 12,082,192, and labor from January 2, 2019 to May 2019 shall be worked from January 2, 2019.

The retirement E’s total amount of wages of 8,477,473 won from February 2019 to May 2019 and other allowances of 483,300 won and 8,960,773 won were not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

Accordingly, the Defendant did not pay the total of 44,960,773 won, retirement allowance of 12,082,192 won to two workers within 14 days from the date of retirement without agreement between the parties on extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 16270, Jan. 15, 2019); Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which has not been paid retirement allowances);

(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. After the prosecution of this case, the victims' petition for non-prosecution was submitted.

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