The defendant shall be innocent.

1. In the facts charged, the Defendant is an employer who operates a C Association, a housing redevelopment enterprise, using two full-time workers on the second floor of the Seoul Northern-gu B Building (hereinafter “instant Association”).

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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 KRW 100,00,000 as wages on August 8, 2017, 2017, which he/she worked as an office worker from March 7, 2017 to April 30, 2018 at the above workplace, and KRW 1,50,000 as wages on March 3, 2018, and KRW 1,500,000 as wages on April 1, 2018, and KRW 6,00,00,000 as bonuses on March 7, 2018 and KRW 1,40,000 as bonus on March 3, 2018, without an agreement between the parties on the extension of the payment date, within 14 days from the date of retirement, which is the date of the cause for payment.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 2,179,467 during the same period from March 7, 2017 to April 30, 2018 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the date of payment.

2. Determination

A. According to the main sentence of Article 36 of the Labor Standards Act, “an employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for payment occurred when the employee died or retires.” However, according to the proviso of the same Article, the date may be extended by mutual agreement between the parties concerned in special circumstances.”