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 of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay KRW 5,65,60,00, including wages, etc., from September 1, 2017 to September 30, 2017, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and did not pay KRW 30,428,685, total amount of money and valuables of three workers within 30,428,685, as indicated in the list of crimes below, within 14 days from the date of each retirement without agreement on the extension of the due date between the parties concerned.

(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

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

Nevertheless, the Defendant did not pay KRW 7,846,775 of D retirement pay, which was worked in the aforesaid postnatal care center from July 1, 2013 to September 30, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date between the parties, and did not pay KRW 21,814,183 in total for three workers as indicated in the following crime list within 14 days from the date of each retirement without an agreement on the extension of the due date between the parties.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-compliance: Article 109(2) of the Labor Standards Act.