When a worker dies or retires, the employer shall pay the wages, compensations, and 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 is working from July 1, 2013 to March 31, 2018 at the above workplace.

A retired worker D’s wage of KRW 2,510,60 in April 2017 was not paid within 14 days from the date of his/her retirement and did not pay KRW 94,169,280 in total for three workers within 14 days from the date of his/her retirement without any agreement on the extension of the due date between the parties as shown in the attached list of crimes.

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

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, 2013 to March 31, 2018 at the above workplace.

The retirement allowance of retired workers D did not pay 18,617,595 won within 14 days from the date of retirement and three employees did not pay the total of 34,866,466 won of retirement allowances within 14 days from the date of each retirement, as shown in the list of crimes in the attached list of crimes.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 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. On March 12, 2019, all workers indicated in the separate sheet expressed their intention that they do not want to punish the Defendant.