(a) When a worker dies or retires, an employer violating the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 347,390 of the retired employee D's wages in October 2016 to October 07, 2016 at the said workplace without any agreement between the parties on the extension of payment deadline.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the worker retires;

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

Nevertheless, the Defendant did not pay KRW 1,517,380 of the retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, as it worked from October 06 to October 07, 2016 at the above workplace.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. In case of expression of intention not to punish: The victim's statement of intention not to punish after the prosecution of this case is submitted.

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