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All of the prosecutions of this case are dismissed.
Reasons
1. Summary of the facts charged
A. The Defendant, “2017 Highest 6744,” is the representative director of the E Company located in Seo-gu Incheon, Seo-gu, Incheon, and eight full-time workers engaging in the business of manufacturing a wood title.
1) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and any other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, the defendant provided labor from April 12, 2008 to December 31, 2014 to retired workers F, as well as 1,819,490 won of the part-time wage of December 2, 2014, and attached Table [2017 order 6744] 90,553,140 won in total for four workers, such as the above F, etc., as in the list of crimes, was not paid within 14 days from the date of each retirement without any agreement on the extension of payment date between the parties.
2) An employer who violates the Act on the Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the employee retires.
Nevertheless, the Defendant provided labor to the said workplace from August 31, 2013 to February 10, 2017, and provided retirement allowances of retired workers from the said workplace, including KRW 6,389,257, as well as KRW 6,389,257, and [Attachment 2017, group 6744] 27,676,388, including the above G, were not paid within 14 days from the date of each retirement without any agreement on the extension of payment period between the parties.
B. The Defendant, “2017 Highest 9194,” is an employer engaging in the manufacturing industry, employing eight full-time workers under the trade name of “E stock company” in Seo-gu Incheon, Seo-gu.
The Defendant, without an agreement on the extension of the payment deadline, did not pay the amount of KRW 2,036,430 and retirement allowances of KRW 32,89,927, Nov. 1, 2014, which had worked at the said workplace from March 1, 2006 to February 28, 2017, within 14 days from the date on which the relevant payment ground occurred.