(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or 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 employed in the above workplace from August 16, 2018 to February 28, 2020 and did not pay KRW 2,145,387 within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, including the total of KRW 280,90,00 monthly wage of the retired worker E, annual paid leave allowance of KRW 1,791,387, annual paid leave allowance of KRW 73,100, and other money and valuables (annual settlement refund).

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the defendant worked in the above workplace from August 16, 2018 to February 28, 2020 and did not pay KRW 2,939,983 of retired workers E within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

2. Determination

A. Article 109(1) and Article 36 of the Labor Standards Act (the fact that wages are not paid), Article 44 subparag. 1 and Article 9 of the Act on Guarantee of Workers’ Retirement Benefits (the fact that retirement pay is not paid) and Article 40 of the Criminal 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) Non-members of punishment: A written agreement on January 15, 2021;

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