(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay 29,338,050 won in total to 15 workers, as stated in the attached list of crimes, as well as 451,260 won on August 23, 2015, in which he/she worked in the above workplace from July 1, 2015 to August 23, 2017, within 14 days from the date of retirement in which the cause for payment occurred without an agreement on the extension of the payment period between the parties.

(b) An employer who violates the guarantee of retirement benefits of an employee shall, if the employee retires, pay the wages, compensations, and all other money or valuables within fourteen days after the ground for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 8,096,455, as stated in the list of crimes in the attached Table, including KRW 1,297,677 of the above E retirement pay at the above workplace, within 14 days from the date of retirement in which the grounds for payment occurred, without agreement between the parties on the extension of the payment period.

2. Article 109(1) and Article 36 of the Labor Standards Act (in the case of unpaid wages), Article 44 subparag. 1 and Article 9 of the Act on Guarantee of Workers’ Retirement Benefits (in the case of unpaid wages): A judgment dismissing public prosecution on the ground that a non-application for punishment is filed after a public prosecution under the proviso to Article 44 of the Act on Guarantee of Workers’ Retirement Benefits is instituted: Article 109(2) of the Labor Standards Act, Article 327 subparag. 6 of the Criminal Procedure Act;