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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is the representative director of C, a stock company in the Jeonsung-gun, Jeonsung-gun, who ordinarily employs twenty workers and carries on a manufacturing business.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the defendant is working from September 2, 2013 to December 12, 2017 at the above workplace.
A retired worker D's total amount of KRW 24,247,919, including KRW 2,203,203 of wages on October 2017, was not paid within 14 days from the date of each retirement without an agreement on the extension of the due date between the parties, as shown in the attached list of crimes.
2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer shall pay retirement allowances within 14 days from the date when grounds for such payment occurred, unless the payment has been extended by agreement between the parties concerned.
Nevertheless, the defendant is working from September 2, 2013 to December 12, 2017 at the above workplace.
The retirement allowance of retired workers D, including 7,046,303 won, did not pay 47,311,320 won in total for five employees as shown in the attached list of crimes, within 14 days from each retirement date, without any agreement between the parties on the extension of the due date.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;
(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
(c) No penalty shall be imposed on each worker after public prosecution is instituted (as of October 19, 2018; as of December 12, 2018; as of December 19, 2018; as of December 19, 2018; as of December 20, 2018);
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;