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The prosecution of this case is dismissed.
Reasons
Where an employee in charge of facts constituting an offense retires, the employer shall pay his/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the ground for such payment occurred.
Nevertheless, the Defendant was an employer who is the representative of the K-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City, and was working in the said workplace from August 1, 2013 to March 31, 2017, and paid the sum of D wages of KRW 9,034,60, retirement allowance of KRW 11,533,620, retirement allowance of KRW 11,533,620, and E retirement allowance of KRW 18,508,727, and KRW 14,367,64 from April 1, 208 to February 5, 2017, without agreement between the parties on the extension of the payment date.
Judgment
The applicable law: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Compensation; Article 44 of the Act on the Guarantee of Workers’ Compensation; and Article 327 subparag. 6 of the Criminal Procedure Act that E and F do not want to be punished against each Defendant on June 7, 2018.