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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is an employer who employs four full-time workers while operating D Co., Ltd. in the Gun of South Korea.
"2016 Highest 55"
1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant, while working in D from April 9, 2013 to September 30, 2015, worked for the same period as KRW 17,000,000 for retired workers E and for the same period, did not pay the total of KRW 32,00,000 to the retired workers F, within 14 days from the date of retirement, without any agreement on the extension of payment period.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.
Nevertheless, the Defendant did not pay KRW 3,80,880, total amount of KRW 8,246,870, and total amount of KRW 8,870, as well as KRW 4,365,90 of the above E’s retirement pay and KRW 3,880 of the above F’s retirement pay, within 14 days from the date of retirement, without agreement
"2016 Highest 127"
1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant, while working from D to February 21, 2016, did not pay the total of KRW 26,373,798 to retired workers G wages within 14 days from the date of retirement without an agreement on the extension of payment deadline.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.
Nevertheless, the defendant did not agree on the extension of the payment deadline of the above G retirement pay of KRW 2,373,067 from the date of retirement.