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The judgment below
The remainder of the dismissal of prosecution as to the violation of the Labor Standards Act against B is excluded.
Reasons
1. The summary of the facts charged in the instant case is the employer who is a full-time representative of H and has been engaged in the artificial fishery business by employing five full-time workers. In the event a worker dies or retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from the time when the cause for the said payment occurred. However, if there are special circumstances, the date may be extended by mutual agreement between the parties concerned.
A. On February 11, 2018 to February 27, 2018, J’s 3.3 million won, working in the International Screening Golf Course in Daejeon-gu, Daejeon-gu, did not pay an aggregate of KRW 8.3 million wages of five workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned (2018cc.837); and
B. A worker C’s wage of KRW 1.2 million, D’s wage of KRW 1.3 million, E’s wage of KRW 300,000,000, and F’s wage of KRW 300,000,000 from February 5, 2018 to February 24, 2018, were not paid within 14 days from the date of retirement without any agreement on extension of the payment date between the parties concerned.
(2018Gohap1047) 2. Judgment of the court below and the scope of the judgment of this court
A. The lower court, in relation to each of the facts charged in the instant case, acquitted the employees of the instant case on the ground that the Defendant is not an employer obligated to pay wages to each of the instant workers, on the ground that the Defendant is not an employer obligated to pay wages. On the other hand, the lower court acquitted the employees of the instant case on the part of the grounds of violation of the Labor Standards Act. On the other hand, on the ground that the employees of the instant case were expressed in violation of the Labor Standards Act against the employees of the 2018 High Court and 1047, the lower court sentenced the dismissal of the prosecution in accordance with the principle of type judgment first on the ground that they were expressed in favor