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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is an employer who runs the business of manufacturing electronic components by ordinarily employing 14 workers as a representative of the Bupyeong-gu, Incheon Metropolitan Government, and the five-story.
(a) An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the wages, compensations, or any other money or 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.
Nevertheless, the Defendant did not pay the total amount of KRW 36,528,233 of the wages of six retired workers within 14 days from the date of each retirement without an agreement on the extension of the payment deadline between the parties, as shown in the list of crimes in the attached Table, as well as KRW 1,366,210 of the D’s wages in October 2017, which worked in the above workplace from February 25, 2015 to January 15, 2018.
(b) An employer who violates the Act on Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the date when the reason for such payment has been issued; and
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 23,489,353 won, including D retirement pay of 3,825,870 won, working in the said workplace from February 25, 2015 to January 15, 2018, within 14 days from each retirement date without any agreement on the extension of the payment period between the parties, as stated in the list of crimes in the attached Table.
2. The instant facts charged are charged against the victim’s express intent pursuant to Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act; and Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.