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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is the representative of the Incheon Gyeyang-gu, which is a representative of the dispute resolution committee in Incheon Gyeyang-gu and operates a manufacturing business of mobile phone cases, cosmetics cases, etc. by employing 20 full-time workers.
"2015 Highest 373"
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 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, while working in the foregoing workplace from June 1, 201 to December 31, 2014, did not pay KRW 34,626,154 of the total wages of 7 workers within 14 days from the date of retirement, as shown in the separate crime list, including KRW 6,378,660 ( KRW 3,189,330 for the portion of November 1, 2014, and KRW 3,189,30 for the portion of December 201, as indicated in the separate crime list.
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 an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the above workplace from June 1, 201 to December 31, 2014, did not pay 32,306,861 won in total, including 10,244,074 won of retirement allowances of retired workers D, within 14 days from the date of retirement without any agreement on extension of the payment date between the parties concerned, as stated in the crime list.
An employer of the 2015 Highest 4036 shall pay wages, compensations, and all other money and valuables within 14 days from the time of retirement of a worker.
Nevertheless, the Defendant is working from October 18, 2014 to March 16, 2015 at the above workplace.
(b) retirement.