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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is the representative director of the E-Si, Jung-gu, Busan, who is in charge of construction business with 80 full-time workers.
[2012 Highest 2720] The Defendant works from the above company on February 15, 2012 to February 1, 2012.
The retired worker F was not paid KRW 2,025,70 in December 201, and KRW 4,051,40 in January 201, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
From that time, the defendant is working in the above company as shown in Nos. 1, 3, 4, 6 through 12, 14 through 19, 19 of the annexed List of Offenses (1).
In the indictment of KRW 340,586,70 in total for the wages and retirement allowances of 16 retired workers, the phrase “total of KRW 190,680,510 in total for the wages of 13 workers” is clear that it is a clerical error in the total of KRW 434,70,910 in the wages and retirement allowances of 19 workers.
Attached Form
Of the list of crimes (1), the part against H, 5 I, and 13 J was revoked, and the dismissal of prosecution was decided on May 8, 2013.
not paid within 14 days from the date of retirement, without agreement between the parties to the extension of the due date.
[2013 Highest 384]
(a) An employer who has not paid wages or retirement allowances shall, when a worker retires, pay the wages, retirement allowances, or any other money or valuables within 14 days after the cause for such payment occurred;
The Defendant worked for the said company from August 10, 2009 to September 30, 2012, and did not pay 15,417,580 won in total as well as 2,948,130 won in August 10, 2012 G of retired workers, within 14 days from the date of retirement, without any agreement between the parties on extension of the due date.
In addition, as shown in the attached list of crimes (2), the Defendant paid the total of KRW 42,623,00,00 for two employees and the total of KRW 114,33,410 for six employees as shown in the attached list of crimes (3).