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

Provided, That the date may be extended by mutual agreement between the parties if special circumstances exist.

Nevertheless, the Defendant, at the above workplace, worked from March 7, 201 to March 7, 2014, and did not pay KRW 3,000,000 on January 7, 2014 of retired D, and did not pay KRW 5,000,000 in total for two workers within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as shown in the attached Table Nos. 26 and 28.

(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

Nevertheless, the Defendant worked from June 2, 2010 to March 31, 2014, and retired E retirement pay of KRW 5,184,30, and paid KRW 106,778,180, in total, to 27 employees, as stated in the attached Table Nos. 1 to 27, as well as KRW 5,184,30, from June 2, 2010 to March 31, 2014.

2. The facts charged in this case are those falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, Articles 109 (1) and 36 of the Labor Standards Act, and shall not be prosecuted against the express will of the victims under the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act and Article 109 (2) of the Labor Standards Act.

However, according to the records of this case, it is recognized that all workers in the facts charged of this case expressed their intent not to prosecute the defendant after the prosecution of this case.