(a) 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 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant, as an employer from December 8, 2014 to November 8, 2017, did not pay the total amount of KRW 2,211,320,00, which is the total amount of wages of 1,070,000 for October 2017, and the total amount of KRW 35,660,105,660 for November of the same year, and the total amount of KRW 1,105,60 for November of the same year, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, as shown in the attached Table, as the case of the “Offense List.”

(b) An employer who violates the guarantee of retirement benefits of a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred: Provided, That the payment period may be extended by mutual agreement between the parties concerned in special circumstances;

Nevertheless, the Defendant, as an employer from December 8, 2014 to November 8, 2017, did not pay KRW 963,570 of the retirement allowances of employees D who worked in the above company and did not pay KRW 963,570 of the retirement allowances of employees D within 14 days from the date on which the reason for payment occurred, and did not pay the total amount of KRW 1,674,770 of the retirement allowances of the two employees as shown in the attached list of crimes.

2. Determination

(a) Applicable statutory provisions: Articles 109(1) and 36 of the Labor Standards Act (the fact that wages, etc. are not paid) and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (the fact that the retirement payment is not paid).