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The prosecution of this case is dismissed.
Reasons
The defendant is the representative director of the Guro-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., and is a user who conducts the business of manufacturing metal pressure-type processing machinery using four full-time workers.
1. 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 did not pay 10,56,80 won in total from the date of retirement within 14 days from the date of retirement, including D’s wage 3,250,000 won in May 2020 that was retired from the said workplace from September 1, 2017 to June 30, 202.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total amount of KRW 37,713,348, as well as KRW 9,105,657, retired from the said workplace from September 1, 2017 to June 30, 202, as well as KRW 37,713,348, as shown in the separate crime list, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.
2. The above facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 109(1) and 43 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the employee’s expressed intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the workers indicated in the facts charged are the workers.