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The prosecution of this case is dismissed.
Reasons
The Defendant, as the representative of the “C” in Seodaemun-gu Seoul Metropolitan Government 2 and 2, is an employer who ordinarily employs four workers and operates a food business.
1. When a worker dies or retires, the 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 may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant works from March 4, 2016 to August 26, 2017 at the above workplace.
D's wages of 474,840 won in March 2016, wages of 374,840 won in April 2016, wages of 274,840 won in May 2016, wages of 274,84,840 won in May 2016, wages of 274,840 won in July 274, 2016, wages of 74,840 won in September 2016, wages of 74,840 won in October 2016, wages of 75,160 won in February 2017, wages of 75,160 won in March 75, 2017, wages of 75,160 won in April 75, 2017, wages of 160 won in May 7, 2017, 167, 2067, 167, 2016.
2. 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 agreement between the parties in extenuating circumstances.
Nevertheless, the defendant works from March 4, 2016 to August 26, 2017 at the above workplace.
The retirement allowance of 2,223,288 won was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
Judgment
In the case of the crime of non-compliance with the intention of an employee D after the prosecution of this case under Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers' Retirement Benefits Act, the dismissal of prosecution is dismissed (the withdrawal of a complaint made on March 7, 2019).