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Each of the instant public prosecutions is dismissed.
Reasons
1. The Defendant, as the representative of C Co., Ltd. in Asan City, is an employer who operates a manufacturing business with 15 full-time employees.
When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant had worked from around November 27, 2017 to December 14, 2018, and had retired workers D’ wages of KRW 4,572,030 on July 7, 2018, and KRW 5427,730 on August 2018, and KRW 4,116,310 on September 1, 2018, and KRW 3,649,660 on October 2018, and KRW 3,153,520 on November 3, 2018, and KRW 21,130,220 on December 12, 2018, without any agreement between the parties on the extension of the payment period.
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant did not pay 4,351,520 won of retirement allowances of the above worker D within 14 days from the date of occurrence of the cause for payment, without agreement between the parties to the extension of the payment.
The defendant of "2019 Highest 2320" is the representative of C Co., Ltd. in Asan City B, who operates the manufacturing industry with 15 regular workers.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.