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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the person who operates D and E in the shipbuilding machinery and equipment company in Kimhae-si.
The Defendant committed a crime against his employees in D’s workplace from March 15, 2004 to September 30, 2012, did not pay KRW 2,820,00,00 of the F retired from the said workplace in July 2012, and KRW 8,460,00 in total, and KRW 2,820,820,00 in September’s wages, and KRW 2,820,00 in September’s wages, and KRW 30,382,79 in total, and KRW 21,92,79 in retirement allowances during the said period of service within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties to the extension of the due date.
In addition, the Defendant did not pay the total amount of KRW 67,613,279 to 8 workers, as shown in the list of crimes in attached Table 1, within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the extension of the due date.
B. From October 29, 2009 to September 10, 2012, the Defendant, who committed a crime against employees E, was employed in the said business establishment E, and was retired from the said business establishment, and did not pay KRW 2,145,00 in July 2012, the total of KRW 1,949,750 in August 201, and KRW 332,750 in September 32,750 in salary, and KRW 4,427,50 in total, and KRW 2,475,293 in retirement allowance during the said working period, and KRW 6,902,793 in total, within 14 days from the date on which the cause for the payment occurred without an agreement between the parties to the extension of the payment period.
In addition, the Defendant did not pay the total amount of KRW 54,319,039 to 11 employees, as shown in the list of crimes in attached Form 2, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.
2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and are prosecuted against the employee’s explicit will under the proviso of Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.