(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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 24,283,39 won as wages of 19,216,129 won, such as wages of 2,950,000 won in October 2014 of D retired from the said workplace from March 3, 2014 to December 7, 2016, within 14 days from the date of each retirement without agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Form.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant did not pay 17,312,104 won in total, including D retirement allowance of 12,296,481 won, retired from the said workplace from March 3, 2014 to December 7, 2016, within 14 days from the date of each retirement without any agreement on the extension of payment deadline between the parties, as shown in the list of crimes in the attached Form.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 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. Unwritten expression of intention to punish: The victims shall submit an unwritten request for punishment after the prosecution of the instant case was instituted.

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