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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the representative director of C in the facts charged, is the employer who operates a service business by using 14 full-time workers, and C entered the retirement benefit plan which was determined as the retirement benefit system of workers on January 1, 2012.
(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 worked in the above workplace from August 1, 201 to July 31, 2020 and retired from the above workplace and did not pay wages of 3,01,830 won on April 4, 2020, wages of 3,011,830 won on May 1, 2020, wages of 3,196,710 won on June 2020, wages of 3,228,970 won on July 3, 2020, total of 12,529,710 won and 12,529,710 won on July 8, 201 to July 31, 2020, wages of 3,290,290 won on June 3, 200, 38,807, 2018 of E's total of 12,807 won on July 28, 2017.
(b) If a participant of a defined retirement pension plan fails to pay contributions to a participant when he/she retires, an employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay unpaid contributions and interest accrued therefrom to the retirement pension plan account of the participant worker within 14 days from the date of retirement of the participant worker;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant worked in the above workplace from August 1, 201 to July 31, 2020, and paid 27,356,060 won for unpaid contribution to retirement pension during the fixed period of retirement, and 8,623,126 won for delayed payment, and 38,036,89 won for unpaid contribution to retirement pension during the fixed period of retirement from November 8, 201 to July 31, 2020, and 13,011,93 won for unpaid contribution to retirement pension during the fixed period of retirement from July 31, 2020 between the parties.