When a worker dies or retires, the employer shall pay the wages, compensations, and 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 did not pay the total amount of KRW 32,352,305 in arrears for five retired workers, as described in the attached list of crimes, within 14 days from the date of the occurrence of the cause of the occurrence of the payment, without any agreement between the parties on the extension of the payment date, as stated in the attached list of crimes, as well as KRW 32,352,30,05, which was retired from the Defendant’s place of business from July 9, 2015 to September 30, 2016, as well as KRW 32,352,305 in arrears for five retired workers.

2. Determination

(a) Relevant criminal facts: Articles 109(1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 of the Workers' Retirement Benefits Guarantee Act;

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

C. On March 7, 2017, after the institution of the instant indictment, a written agreement containing the intent that the victimized workers would not want the punishment of the Defendant. D.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act