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The prosecution of this case is dismissed.
Reasons
1. The Defendant is an employer as a person in charge of business operation who has a main office in the building B in Busan-gu, Busan-gu, and has been engaged in nursing service business with approximately thirty full-time workers under the trade name D.
1. 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, from July 1, 2019 to December 31, 2019, the Defendant worked as a medical care care care worker in the Fvalescent Hospital located in Yangsan City as well as the Defendant’s retired G on December 1, 2019, and did not pay the total of KRW 14,208,08,080 to 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as shown in the attached crime list (excluding the part on retirement payment) including the amount of KRW 87,420 on December 1, 2019.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, from September 13, 2015 to December 31, 2019, did not pay 8,411,190 won of H’s retirement pay from around September 13, 2015 to around December 31, 2019, and did not pay 25 employees a total of 80,468,970 won from the date of retirement without agreement between the parties to the extension of the payment deadline, as shown in the list of crimes in the attached Form.
2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 44 subparag. 1 of the Workers’ Retirement Benefit Security Act, and workers under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.