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The prosecution of this case is dismissed.
Reasons
1. The Defendant is an employer who runs a sports service business using 74 full-time workers under the trade name of “stock company C” in Songpa-gu Seoul Metropolitan Government.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned.
Nevertheless, the Defendant served from the foregoing “Stock” to November 21, 2016 to March 30, 2018, and did not pay KRW 1,882,559 on November 1, 2017 of retired workers D within 14 days from the date of his/her retirement without an agreement between the parties, and did not pay KRW 44,352,637, total wages of three workers within 14 days from the date of his/her retirement, as described in the attached list of crimes.
(b) Where an employer who has violated the Guarantee of Workers' Retirement Benefits Act has unpaid contributions to a participant of the defined contribution plan when a ground, such as retirement of the participant, occurs, he/she shall pay the employer's contributions and interest for arrears to the account of the relevant participant of the defined contribution plan within 14 days from the date such ground,
Nevertheless, the Defendant served from November 21, 2016 to March 30, 2018 in the above “stock company C” and did not pay KRW 2,481,008 in the unpaid amount of retirement pension charges of retired workers D, including KRW 2,440,976, and interest for delay 40,032, as well as KRW 2,481,00,000 within 14 days from the date of retirement without agreement between the parties, and did not pay KRW 5,069,159 in the aggregate of the amount of retirement pension charges and interest for delay of two workers within 14 days from the date of retirement without agreement between the parties.
2. Determination
(a) Applicable provisions of Acts: Articles 109(1) and 36 of the Labor Standards Act, and Article 44 of the Guarantee of Workers' Retirement Benefits Act;