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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative of C Co., Ltd. located in Songpa-gu Seoul Metropolitan Government and the employer who conducts the manufacturing business of structures using 15 full-time workers.
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 date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working from March 24, 2017 to January 1, 2018 at the above workplace.
A retired worker D’s total of KRW 3,500,000 on November 201, 2017, and KRW 7,000,000 on December 2017, 200 did not pay KRW 3,50,000 on the date of his/her retirement within 14 days from the date of his/her retirement without an agreement on the extension of the due date 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 date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working from July 14, 2010 to June 30, 2018 at the above workplace.
Retirement allowance of retired workers E, 27,587,986 won, and from March 28, 2012 to June 30, 2018.
The retirement allowance of the retired worker was not paid 30,970,946 won within 14 days from the date of the retirement without any agreement between the parties on the extension of the due date.
2. Determination
(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. After the instant indictment, each of the applications for punishment D, E, and F was submitted.
Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act