When a worker dies or retires, the employer of liquidation of money or valuables shall pay wages, compensations, and all 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 worked from January 10, 2014 to May 30, 2018 at the above workplace and did not pay 11,670,000 won in total for three workers’ overdue wages within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the attached list of crimes, including the amount of KRW 1,70,000 in small wage of April 1, 2018, and the amount of KRW 1,70,000 in small wage of May 2018.

(b) If a worker retires, the employer in arrears of a retirement allowance shall pay the retirement allowance within 14 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, while working in the foregoing workplace and retired on May 31, 2018, did not pay 14,427,126 won in total, including 7,625,35 won of retirement allowances of two workers, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The determination is based on the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44(1) and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The victims are willing to not punish the Defendant on December 5, 2018.