When a worker dies or retires, an 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 the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is in charge of production management from September 13, 2012 to January 31, 2020 at the above workplace.

The retirement worker D's wages, including the wage of 507,193 won in November 2019, did not pay 11,291,196 won in total for two retired workers within 14 days from the date of occurrence of the cause for payment without any agreement on extension of payment between the parties concerned, as shown in the separate list of crimes (excluding the part concerning retirement allowances) by each individual.

(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 did not pay 29,424,727 won, including 8,045,727 won in the difference of retirement pay of the employee D as stated in paragraph (1), within 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the payment date, as stated in the separate list of crimes (the retirement allowance part) by each individual.

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. The two workers are all workers after the prosecution of this case.