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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant is a representative of Yongsan-gu Seoul Metropolitan Government Co., Ltd. C and 301, who ordinarily employs two workers and operates software development and supply business. A.
When a worker dies or retires, the employer violating the Labor Standards Act shall pay the wages, compensations, and other money and valuables within 14 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 is working from July 1, 2010 to May 31, 2014 at the above workplace.
on April 4, 2014
5. Working hours between April 1, 2013 and May 31, 2014, respectively;
From March 2014 to May 2014, two workers, including wages of KRW 2,33,333, did not pay 11,666,65, respectively, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working from July 1, 2010 to May 31, 2014 at the above workplace.
A retired D retirement allowance of KRW 5,609,587, and from April 1, 2013 to May 31, 2014.
The retirement allowances of the retired E, including 2,664,085 won, were not paid respectively within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without any agreement between the parties on the extension of the payment deadline.
2. Each of the facts charged in this case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 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