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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the wages of KRW 2,00,00,000 as wages from October 1, 2017 to December 20, 2018, and the wages of KRW 2,00,00,000 as wages from January 1, 2018 to June 2018, and the wages of KRW 1,33,333,333 as wages in July 2018, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

(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 extenuating circumstances.

Nevertheless, the Defendant did not pay KRW D retirement allowance of KRW 6,378,443, working from May 1, 2015 to July 20, 2018 at the same place of business within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

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-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On April 30, 2019, after the institution of public prosecution, an employee D’s application for non-prosecution was submitted.

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