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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, as the representative of C Co., Ltd. in Chungcheongnam-si, is engaged in the manufacturing industry with 25 full-time workers, and is the representative of E Co., Ltd. in D and engaged in the manufacturing industry with 31 full-time workers.
When a worker retires, the employer shall pay all money, valuables, and retirement allowances, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned.
C. (1) The Defendant violated the Labor Standards Act (hereinafter “Labor Standards Act”) did not pay KRW 22,821,000,000 for the total amount of wages of F working in C from October 15, 2013 to August 7, 2014, as shown in attached Table 1, within 14 days from the date of retirement, as well as KRW 22,821,000 for five retired workers, as described in attached Table 1.
(2) The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 29,838,520, respectively, within 14 days from the date of retirement, as described in the attached Table 1, as well as KRW 2,790,230, G retirement allowances, which worked in C from September 27, 2010 to June 30, 2014, as well as KRW 29,838,520, as described in the attached Table 1.
B. The Defendant in violation of the Labor Standards Act (1) did not pay KRW 8,308,00 in total amount of H’s wages, which worked from March 1, 2002 to May 31, 2014, and KRW 11,456,930 in total amount of money and valuables of four retired workers within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as shown in the attached Table 2 of Crimes List 2.
(2) The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act (hereinafter “Retirement Benefits Act”) includes the retirement allowance of H 21,268,670 won working as above in Company E, and the total amount of KRW 25,074,970 of retirement allowances of three retired workers, as shown in the attached Table 2, shall be within 14 days from the date of retirement without any agreement on extension between the parties concerned.