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The prosecution of this case is dismissed.
Reasons
1. The Defendant is the representative director of the company in charge of the settlement of disputes, which is located in Ansan-si B and 2, and is an employer who runs a manufacturing business using nine full-time workers.
(a) If a worker dies or retires, the employer in arrear of money or valuables (Article 36 of the Labor Standards Act) shall pay the worker wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay the total amount of KRW 72,623,653 to 7 workers as shown in the attached crime list, including D’s wage of June 2020, wage of KRW 2,900,000, wage of August 2020, wage of KRW 2,900,000, and wage of KRW 2,900,000 for September 5, 2020, and wage of KRW 2,900,000 for September 20, 2020.
(b) If a worker dies or retires, the employer in arrears with a retirement allowance (Article 9 of the Act on Guarantee of Retirement Benefits for Workers) shall pay the worker wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay the retirement allowance of KRW 11,247,160 to two workers, as well as KRW 14,550,458, as in the list of crimes in the attached Form, as well as KRW 11,247,160, who worked in the above workplace from February 1, 2016 to May 9, 2019, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.
2. The facts charged of the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and the damages under Articles 109(2) and 36 of the Labor Standards Act, and Articles 44 proviso and 1 of the Workers’ Retirement Benefit Security Act.