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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative of Sejong Special Self-Governing City Co., Ltd., which operates a construction manufacturing business with five regular workers.
When a worker dies or retires, the employer 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.
However, the Defendant worked in the said workplace from August 20, 2013 to September 19, 2014, and did not pay KRW 1,500,000 in July 2014 of D retired next year, and KRW 1,50,000 in August 2014, and KRW 3,950,000 in September 2014, and KRW 3,950,000 in total, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
However, the Defendant did not pay KRW 1,704,584 of the aforementioned D retirement pay within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.
2. Grounds for dismissing the public prosecution; and
(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);
B. Expression of intention not to punish workers D after the indictment of this case
(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);