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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged in the instant case is the Defendant, as the C representative in the Nam-gu Incheon Metropolitan City, who ordinarily employs ten full-time workers and operates a manufacturing business of semiconductor raw materials.
1. When a worker dies or retires, the employer 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 worked in the above workplace from May 14, 2013 to November 14, 2014, and retired from the workplace from the above workplace, the total of KRW 2,00,000 in October 20, 2014, KRW 933,333, and KRW 1,161,430 in July 18, 2013 to March 31, 2015, and the retired E did not pay KRW 10,500,00 in total, KRW 33,80 in annual settlement of accounts in October 2014, and KRW 1,61,430 in July 18, 2013 to March 31, 2014; and did not pay KRW 2,50,000 in total, KRW 333,80 in annual settlement of accounts in 2014 to KRW 3380 in 2014; and each party’s money and valuables were paid within 13484.5 days.
2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant worked in the above workplace from May 14, 2013 to November 14, 2014, and retired retirement allowances of KRW 2,948,180, and from July 18, 2013 to March 31, 2015, and the retired retirement allowances of KRW 4,260,273 and KRW 7,208,453 were not paid within 14 days from each retirement date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment date.
2. Determination
(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. On April 7, 2016, after the institution of the instant indictment, an agreement between workers D and E is reached.