When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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 had worked at the store management supervisor from July 22, 2014 to August 15, 2015 at the above workplace, and had retired workers D’ wage of KRW 20,250,00 and retirement allowance of KRW 2,882,215 as well as KRW 2,882,215, as in the attached Table C (State) of this large crime list, the Defendant did not pay six workers’ wage and retirement allowance of KRW 58,694,445 within 14 days from the date of each retirement without agreement on the extension of the payment date between the parties.

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) Unwritten expression of intention to punish: Submission of a written agreement to the effect that the victimized workers are not subject to punishment after the prosecution of this case is instituted.

D. Judgment dismissing a public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparag. 6 of the Criminal Procedure Act or more.