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The prosecution of this case is dismissed.
Reasons
1. The Defendant in the facts charged in this case is the representative director of the Dispute Resolution Co., Ltd. in Busan Metropolitan City, who employs 15 full-time workers and operates the automobile parts manufacturing business.
(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, at the business establishment of the Dispute Resolution Co., Ltd., worked from September 14, 2009 to September 28, 2016, did not pay the total of KRW 3,160,000 from July 29, 2016 of the employee D retired on September 29, 2016, and KRW 3,160,160,000 as wages of August 2016, and KRW 9,480,000 as wages of KRW 3,160,000 from the date of retirement without agreement between the parties on the extension of payment period, and did not pay the total of KRW 35,593,407 as wages of the number of employees retired on September 29, 2016 within 14 days from the date of retirement without agreement between the parties on the extension of payment period.
(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the business establishment of the Dispute Resolution Co., Ltd., worked from September 14, 2009 to September 28, 2016, and did not pay KRW 21,151,215 of the retirement allowances of retired workers D on September 29, 2016 within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, and on September 29, 2016, as stated in the portion of the retirement allowances in arrears between No. 1 to 9 of the attached Table of Crimes No. 1, 2016, as stated in the part of the retirement allowances in the attached Table No. 1, 20153,338 on September 29, 2016.