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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the defendant as the representative director C (main) in Gyeonggi-si B, who runs plant construction business with 40 regular workers. A.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
The Defendant, at the same place of business, worked from November 14, 201 to April 16, 2018 at the same place of business, and retired from D’s wages of 4,031,980 won on April 4, 2018, as indicated in the attached crime list, and did not pay KRW 255,034,513 in total, as stated in the attached crime list, within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of payment between the parties.
(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; and
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
The Defendant had worked from November 14, 201 to April 16, 2018 at the foregoing workplace and had retired D’s retirement allowance of KRW 1,012,490, and had not paid KRW 26,405,751 in total for six retired workers within 14 days from the date on which the cause for the payment occurred without an agreement between the parties on the extension of the due date, as shown in the list of crimes in the attached Table.
2. Provisions of applicable Acts to the facts charged: Article 109(1) and Article 36 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 Guarantee of Workers' Retirement Benefits Act; Article 327 subparag. 6 of the Criminal Procedure Act;