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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the defendant, as the representative of the Dispute Resolution Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. (hereinafter referred to as Co., Ltd.), is a person operating
(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Defendant 2 worked from November 1, 1996 to January 9, 2018 at the same place of business and retired from the said place of business, paid 21,921,144 won, including the total of 144,502 won of wages on February 2, 2017, and 40,189,444 won of two retired workers, as indicated in the list of crimes in the attached Table, without any agreement between the parties on the extension of payment dates, within 14 days from the date on which the cause for payment occurred.
(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
The defendant employed from November 1, 1996 to January 9, 2018 at the above workplace and did not pay 30,991,824 won in total as well as 53,565,457 won in total, among two retired workers, within 14 days from the date of occurrence of the relevant payment cause without an agreement between the parties on the extension of the payment date, as shown in the list of crimes in the attached Table.
2. Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; and Article 327 subparag. 6 of the Criminal Litigation Act on dismissal of public prosecution for non-existence of punishment for workers after public prosecution under the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act: