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The prosecution of this case is dismissed.
Reasons
1. The Defendant in the facts charged in the instant case is an employer engaged in the food manufacturing industry by ordinarily employing 11 workers under the trade name, “agricultural company C” in the Gunsan-si.
(a) 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: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned;
Nevertheless, the Defendant, as an employer from November 24, 2014 to December 18, 2017, did not pay the total of KRW 9,166,300 for the wages of the said company from July 2017 to December 12 of the same year as D, within 14 days from the date on which the cause for payment occurred, and did not pay KRW 32,129,772 for the total of six workers, as shown in the attached Table 1, as in the attached Table 1.
(b) An employer who violates the guarantee of retirement benefits of a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred: Provided, That the payment period may be extended by mutual agreement between the parties concerned in special circumstances;
Nevertheless, the Defendant, as an employer from November 24, 2014 to December 18, 2017, did not pay KRW 4,693,923 of D’s retirement allowances of those who worked and retired from the above company within 14 days from the date of retirement, which is the date on which the reason for payment occurred, as well as the payment of KRW 23,154,47 of the total retirement allowances of the six employees as in the attached Table 2 of the Crimes List 2.
2. Determination
(a) Applicable statutory provisions: Articles 109(1) and 36 of the Labor Standards Act (the fact that wages, etc. are not paid) and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (the fact that the retirement payment is not paid).