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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, as the representative director of (ju) B or C, runs a construction business with 11 regular employees. A.
An employer in violation of the Labor Standards Act (1) shall, when a worker dies or retires, pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred. The Defendant, as described in the list of crimes in the attached Table, did not pay 56,834,833 won in total for eight retired workers within 14 days from the time when the cause for payment occurred without any agreement on extension of the due date between the parties concerned, if the employee retires from his/her office, within 14 days from the time when the cause for payment occurred.
The Defendant, at the foregoing workplace from July 6, 2017 to August 31, 2018, did not pay KRW 22,506,300 in total for five retired workers, as stated in the attached crime list, as well as KRW 3,438,050, which was employed and retired from the workplace from around July 6, 2017 to August 31, 2018, within 14 days from the date of retirement without an agreement between the parties on the extension
(b) Where a worker dies or retires, the employer of the 2019 piece of money or valuables 2019 piece of money or valuables shall be paid to the worker within 14 days after the cause for the payment thereof occurred;
The Defendant worked in the foregoing workplace from December 18, 2017 to October 31, 2018, and did not pay KRW 8,486,00,00 in total, including the amount of wages of KRW 4,222,00 on September 2018 and the amount of KRW 4,264,00 on October 2018, to which he/she retired, within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the due date.
2. Determination is based on Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits.