When a worker retires, an employer shall pay all money and valuables, such as wages, within 14 days from the date of his/her retirement, unless there exists an agreement between the parties on the extension of the payment period.

Nevertheless, 45,094,070 won, including D's money and valuables 4,771,180 won, which retired from office from April 4, 2006 to April 4, 2007, did not pay 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline, as shown in the attached Table, to the above workplace.

2. Determination

A. Each of the above facts charged against workers E, F, and G is a crime falling under Articles 109(1) and 36 of the Labor Standards Act. Each of the crimes against the remaining workers is a crime falling under Articles 112(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 8372 of Apr. 11, 2007), and each of the statutory punishment is a fine not exceeding three years or a fine not exceeding twenty million won.

However, it is clear that the three-year statute of limitations under Article 249 (1) 5 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) has lapsed on the date 14 days have passed from each of the above workers' retirement days.

B. Meanwhile, Article 253(3) of the Criminal Procedure Act provides that the statute of limitations shall be suspended in a case where the offender stays abroad in order to escape criminal punishment.

The legislative purpose of the above provision is to prevent prescription during the period of stay in a foreign country where the offender stays abroad whose judicial power does not substantially reach the Republic of Korea, is used as a means of escape.