When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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.

Nevertheless, the Defendant worked from January 07, 2016 to October 28, 2018, and retired from office D’s wage of 249,435 won in January 2018, and wage of 226,600 won in February 2018 as shown in the attached Table of Crimes, as shown in the attached Table of Crimes, did not pay the wages of 25 workers in January 2018 and the total of 8,38,463 won in February 201, within 14 days from the date of retirement without agreement between the parties to the extension of payment date.

Judgment

We examine the contractual work hours as the premise of the instant facts charged that the difference between the minimum wage amount has been paid.

Article 5 (1) 2 and 3 of the Enforcement Decree of the Minimum Wage Act provides that an amount calculated by dividing the wages paid on a weekly or monthly basis among comparable wages by the number of contractual work hours per week or per month shall be the wage per hour.

In this context, contractual work hours refer to the working hours determined between an employee and an employer within the scope of the working hours under Articles 50 and 69 of the Labor Standards Act or Article 46 of the Industrial Safety and Health Act (Article 2(1)7 of the Labor Standards Act), and are distinct from the standard working hours for the calculation of ordinary wages, so there is no need to consider the working hours related to weekly paid holiday allowances, which are wages paid under the weekly wage system or

(1) The facts charged in the instant case are as follows: (a) according to the evidence submitted by the prosecutor, the contractual work hours related to weekly holiday allowances are calculated by aggregating the work hours and then the difference between the minimum wage.