When a worker dies or retires, the employer 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 in extenuating circumstances.

Nevertheless, the Defendant did not pay 18,84,05 won in total, as shown in the attached crime list, including D’s wage of 3,048,280 won on May 2019, which worked from March 5, 2018 to July 24, 2019 at the above workplace, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

(b) Where a worker dies or retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the total of KRW 16,505,885 of the aforementioned two retirement allowances, including KRW 4,296,547, and KRW 12,209,338, and KRW 14 days, respectively, within 14 days from the date when the grounds for the payment arose without agreement between the parties to the extension of the due date for payment, as well as KRW 4,296,547, and KRW 12,209,385, which were worked from November 2, 2015 to July 31, 2019.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (main sentence)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. A written application for non-prosecution of the victimized workers after prosecution was filed.

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