When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a 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 did not pay the total amount of wages of KRW 47,684,373 and retirement allowances of KRW 5,196,045 within 14 days from the date of retirement without an agreement between the parties, as shown in the list of crimes in attached Table from March 23, 2018 to May 13, 2019, when he/she worked in the said workplace from March 2018 to May 13, 2019.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

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

C. After the prosecution of this case, the employee expressed his intention not to punish the defendant.

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