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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the defendant as the representative of the C Education Center in Daegu Suwon-gu B, who ordinarily employs 10 workers and operates a service business (nicking education).
When a worker dies or retires, an employer of liquidation of money and valuables (Article 36 of the Labor Standards Act) shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by an agreement between the parties on special grounds.
Nevertheless, the Defendant, at the above workplace, worked as an invited teacher from March 1, 2012 to March 1, 2013, and served as a retired worker D's wages in December 2012, as well as KRW 11,200,000 in the attached crime list, did not extend the due date by mutual agreement between the parties and did not pay 14 days from the date of retirement when the cause for the payment occurred.
(b) Where a worker retires, an employer who pays a retirement allowance (Article 9 of the Guarantee of Workers' Retirement Benefits Act) shall pay the worker a retirement allowance within 14 days from the date on which any ground for such
Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.
Nevertheless, the Defendant, at the above workplace from March 1, 2012 to March 1, 2013, served as an invited teacher and served as a retired worker D during the period of his/her retirement, and did not pay 1,526,700 won in total, including the retirement allowance difference of 1,50,000 won during the period of his/her retired worker D, within 14 days from the date of his/her retirement on which the cause for the payment occurred, without extending the due date by an agreement between the parties, as shown in the list of crimes in the attached Form.
2. Each of the above facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) and (9) of the Labor Standards Act.