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All of the prosecutions of this case are dismissed.
Reasons
1. The defendant is the representative director of the Daegu Dong-gu, who is in charge of a real estate business and operates a real estate business by employing three full-time workers.
When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
The defendant works in the above workplace from August 25, 2014 to October 23, 2018.
A retired worker D’s wage of KRW 42,474,194, as well as KRW 134,129,024, including the wage of KRW 42,474,194, from September 2017 to October 2018, did not pay the total amount of KRW 134,129,024, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date
(b) 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.
The defendant works in the above workplace from August 25, 2014 to October 23, 2018.
The retirement allowance of retired workers D, including 13,044,906 won, did not pay 32,558,448 won in total for four employees as stated in the attached list of crimes, within 14 days from the date of retirement without any agreement on extension between the parties concerned of the due date.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act (the point where wages are unpaid), Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point where retirement allowances are unpaid);
(b) Crimes of non-violation of intention: each Labor Standards Act Article 109 (2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
(c) Non-members of punishment: Written agreement (workers E), May 15, 2019, and written application and agreement (workers D, F, and G) dated June 19, 2019;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;