1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

The Defendant, at the same workplace, worked from November 21, 2016 to July 2, 2018 at the same workplace, and retired from D’s wages of 1,850,000 won on June 6, 2018, and wages of 172,500 won on July 2018, 2018, annual paid leave allowances of 2018, totaling KRW 2,772,500, as shown in the attached Table of Crimes List, did not pay KRW 33,31,363 for eight workers within 14 days from the date on which the cause for the payment occurred without any agreement between the parties on the extension of the due date.

2. 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 any cause for such payment occurred; and

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

The Defendant, at the same place of business, worked from November 21, 2016 to July 2, 2018, did not pay KRW 23,963,135 in total for five employees, as stated in the attached list of crimes, as well as KRW 2,517,72 of D retirement pay from around July 2, 2016 to around July 2, 2018.

Judgment

The applicable provisions of Acts to facts charged: Articles 109(1) and 36 of the Labor Standards Act; Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act: Article 109(2) of the Labor Standards Act; Article 44 of the Guarantee of Workers' Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 327 subparag. 6 of the Criminal Procedure Act;