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The prosecution of this case is dismissed.
Reasons
1. The Defendant in the facts charged in this case is the employer who is the representative of the Bank of Bankruptcy Co., Ltd., B 108, and operates the manufacturing business by employing five full-time workers.
(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 the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total of KRW 48,020,000 from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table, including KRW 1,820,00,00, retired from the Defendant’s place of business from the said place of business from January 3, 2010 to November 20, 2017.
(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.
Nevertheless, the defendant did not pay KRW 18,082,886 of the above D's retirement pay within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.
2. Article 109(1) and Article 36 of the Labor Standards Act (in the case of unpaid wages), Article 44 subparag. 1 and Article 9 of the Act on Guarantee of Workers’ Retirement Benefits (in the case of unpaid wages): A judgment dismissing public prosecution on the ground that a non-application for punishment is filed after a public prosecution under the proviso to Article 44 of the Act on Guarantee of Workers’ Retirement Benefits is instituted: Article 109(2) of the Labor Standards Act, Article 327 subparag. 6 of the Criminal Procedure Act;