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The prosecution of this case is dismissed.
Reasons
The defendant is an employer who runs a construction business using 90 full-time workers, who is a representative director of the Dispute Resolution D in the branch of the Gyeonggi-si, the Seoul Metropolitan City, and the six-story.
1. An employer shall, where a worker retires, pay the retirement allowance within 14 days from the date on which the grounds for payment occurred, unless the parties have agreed to extend the payment deadline;
Nevertheless, the defendant employed from the above company from February 1, 2015 to October 1, 2017, and did not pay 11,735,090 won of E's retirement pay of 11,735,090 won of E's retirement pay from the above company and did not pay 59,989,329 won of the total retirement pay of 9 workers within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned.
2. An employer shall, in addition to the ordinary wages, pay fifty percent or more thereof for the work on holidays;
Nevertheless, even though 32 persons, including F, who worked in the above business entity, worked for an extension of 32 persons, the defendant did not pay 100,342,649 won in total, which was added 50/100 or more of ordinary wages, as stated in the detailed statement of arrears in the attached Table 2 (Extension of Work Allowances) to the daily wage payment day.
Judgment
The applicable law: Article 109(1) and Article 56 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the proviso of the Act on the Guarantee of Workers’ Retirement Benefits; and Article 327 subparag. 6 of the Criminal Litigation Act that each employee does not want to be punished against the Defendant on May 30, 2018.