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.

Nevertheless, the Defendant is working as the head of the cooking department from March 2, 2015 to January 9, 2020 at the above workplace.

The retirement E’s wage of KRW 10,000,000 in September 2017, and the wage of KRW 6,000,000 in April 2019 was not paid within 14 days from the date of retirement without an agreement between the parties to the extension of the payment 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

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

Nevertheless, the Defendant is working as the head of the cooking department from March 2, 2015 to January 9, 2020 at the above workplace.

30,000,000 retirement allowances of retired E were not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On November 11, 2020, after the institution of public prosecution, an employee E was submitted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;