(a) An employer who violates the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, and any other money or 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 had worked in the above workplace from September 4, 2017 to June 26, 2020, and did not pay KRW 2,888,890 of retired workers D's wages in June 2020, and KRW 1,926,635 of annual paid leave allowances within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

(b) An employer who violates the Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within 14 days after the grounds for payment occur, in cases where the worker retires;

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

Nevertheless, the defendant did not pay KRW 9,175,103 of the retirement allowances of D workers as described in the above paragraph (a) within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

2. The determination of the facts charged is related to the crime falling under Articles 109(1) and 36 of the Labor Standards Act, and the facts charged are related to the crime falling under Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits. As such, the facts charged cannot be prosecuted against each employee’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

According to the records, on December 18, 2020, after the prosecution of this case, the above worker D withdraws his/her wish to punish the defendant.