When a worker dies or retires, the employer shall pay the wages, compensations, and 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 did not pay the total of KRW 19,098,614 from October 24, 2016 to August 31, 2018, as well as KRW 8,932,446, who worked as guard and retired E, including the extension, night, and weekly holiday allowances, within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment thereof, as shown in the attached list of crimes.

(b) When a worker retires, the employer shall 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 extenuating circumstances.

Nevertheless, for the period from October 24, 2016 to August 31, 2018, the Defendant worked at the distribution center located in Spocheon-si as a guard and did not pay KRW 1,511,774, respectively, within 14 days from the date of retirement without any agreement on the extension of the due date for payment between the parties concerned, for the period from February 16, 2016 to March 23, 2018, including the amount of retirement pay of KRW 80,90,000,000,000 from February 16, 2016 to March 23, 2018.

2. Determination

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

(b) The employer shall express his/her intention not to punish the worker after the institution of indictment;

(c) Judgment dismissing public prosecution: