All of the prosecutions of this case are dismissed.

1. The Defendant, as the (ju) C representative director located in Chuncheon City, is an employer who employs five full-time workers and operates a food business (fins).

[2017 Highest 832]

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 3,425,80,00 in total to two retired workers, including KRW 1,80,000, monthly wage from November 18, 2015 to December 31, 2016 at the same workplace and KRW 1,80,000 from November 4, 2015 to December 18, 2016 at the same workplace and KRW 1,625,80,00, respectively, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where 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 the total amount of KRW 5,076,072 to two retired workers, including KRW 3,098,109, and KRW 5,076,072, respectively, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date, at the same workplace as D retirement allowance of KRW 1,97,963, and from November 18, 2015 to December 31, 2016 at the same workplace.

[2017 Highest 882]

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date shall be fixed by an agreement between the parties in special circumstances.