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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant is an employer who operates a service company using 13 full-time workers as the trade name of “(g)D” from October 1, 2010 to March 29, 2016 in Dongducheon-si, Gyeonggi-do, etc., and from March 30, 2016 to “E Co., Ltd. of Agricultural Company”.
(a) When a worker dies or retires from office, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;
Nevertheless, the Defendant did not pay KRW 1,380,00 in total of the wages of KRW 1,380,00 in January 1, 2016, and KRW 1,380,00 in February 2016, and KRW 1,380,00 in February 1, 2016, and KRW 1,50,000 in June 1, 2014 through July 31, 2016, and KRW 6,760,00 in total of wages of KRW 2,50,00 in July 2016, even though there was no agreement between the parties on the extension of the payment date.
(b) An employer who violates the Guarantee of Retirement Benefits for Workers shall, in cases where a worker retires, pay the retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;
Nevertheless, the Defendant did not pay the sum of KRW 2,329,372, and G retirement pay of KRW 4,227,376, which was worked from June 1, 2014 to February 29, 2016 at the same place of business within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment deadline.
2. The instant facts charged prior to the amendment by Act No. 15108, Nov. 28, 2017)
(b) A worker’s retirement benefits under Article 109(1) and 36 of the former Labor Standards Act and Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits shall be paid to the injured party pursuant to Article 109(2) of the former Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.