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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the head of the Busan Regional Office of Labor shall pay the H Association which is a telegraph of the Corporation in Busan District, on December 3, 1987, to the Minister of Labor, regardless of the effect of revocation of a disposition of revocation on the working hours, holidays, and temporary closure pursuant to Article 49 subparagraph 3 of the former Labor Standards Act (amended by Act No. 3965, Nov. 28, 1987; hereinafter the same shall apply), the Minister of Labor, regardless of the effect of a disposition of revocation on the extension of the payment period, with respect to education allowances, wages of workers, night work allowances, and the difference in their retirement allowances, etc., which are recognized by other Acts than the Labor Standards Act (hereinafter the “instant authorization disposition”), but the Corporation did not pay them within 14 days from the date of retirement without the agreement between the parties to the extension of the payment period, and in light of all the circumstances, the Defendants were not guilty of violation of the Labor Standards Act, thereby affecting the conclusion of the judgment.
2. Summary of the facts charged in this case
A. Defendant B is an employer who has served as a representative director of the ECE Corporation from December 3, 2007 to July 12, 2010.
From October 1, 1985 to March 31, 2009, the Defendant did not pay KRW 2,780,824 of the worker F's retirement allowance balance of the worker F, who had worked in the F, within 14 days from the date of retirement without agreement between the parties to the extension of the due date, within 14 days from the date of retirement, as shown in Appendix I, as shown in Appendix I. In addition, the Defendant did not pay KRW 1,89,935,935 and the retirement allowance balance of KRW 3,889,486 within 14 days from the date of retirement without agreement between the parties to the extension of the due date.
B. Defendant A is an employer who served as a representative director of the ECE Corporation from July 13, 2010.
On October 31, 2011, the Defendant is a worker G who worked in the ECE Corporation from October 19, 2005 to October 17, 201.