When a worker retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, at the same place of business, worked from May 1, 2017 to September 30, 2018, and retired workers D’s total wages from June 1 to 9, 2018, including total wages of KRW 8,400,000 from June 1, 2018 to September 30, 2018, did not pay KRW 31,990,000, respectively, within 14 days from the date of retirement without agreement between the parties on the extension of the due 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

Nevertheless, the Defendant, at the above workplace from May 1, 2017 to September 30, 2018, did not pay 21,068,928 won, including 2,915,485 won, total of seven employees, including 2,915,485 won, within 14 days from the date of retirement, as indicated in the separate crime list.

Accordingly, the Defendant did not pay a total of KRW 53,058,928 to workers.

2. The crime of non-compliance with judgment: the judgment dismissing the prosecution submitted to the court on June 10, 2019, which was the date of the instant indictment, that the withdrawal of the petition by the employees under the proviso to Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers' Retirement Benefits Act do not want to be punished by the defendant: Article 327 subparag. 6