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All prosecutions against the defendant are dismissed.
Reasons
Punishment of the crime
The defendant is the representative director of the company B and is the employer who runs the waste disposal business by employing 40 full-time workers in Gwangju Seo-gu.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;
The Defendant is working from October 15, 2012 to December 6, 2013 at the foregoing workplace.
A retired worker D’s total amount of KRW 4,380,000,000 for October 20, 2013 and 11. for each portion of wages, and KRW 380,000 for December 2013, did not pay KRW 4,380,000 for retirement within 14 days from the date of retirement without extending the due date by an agreement between the parties.
In addition, as indicated in the attached list of crimes, the Defendant did not pay the total amount of KRW 32,028,310 to workers D, E, and F from that to March 14, 2014 within 14 days from the date of retirement without extending the due date by an agreement between the parties.
2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
The Defendant is working from October 15, 2012 to December 6, 2013 at the foregoing workplace.
2,250,000 retirement allowances of retired D were not paid within 14 days from the date of retirement without any extension of the due date by an agreement between the parties concerned.
In addition, the Defendant did not pay the total amount of KRW 26,730,210 to March 14, 2014 within 14 days from the date of retirement without extending the due date by an agreement between the parties.
Judgment
Each of the facts charged in this case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.