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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant was an employer who runs the business of manufacturing power transmission equipment by employing 15 full-time workers as the representative director of C, a stock company located in Chungcheong-gun B from January 26, 2005 to November 2015.
(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or 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.
However, the Defendant did not pay KRW 10,170,220 in total, including KRW 3,314,90 in total, including KRW 1,581,00 in wages, and KRW 153,00 in annual paid leave allowances, and KRW 153,00 in annual paid leave allowances, on July 1, 2014, 201, retired from office as a production employee from March 11, 2013 to August 31, 2015, without agreement on extension of the payment date between the parties concerned, within 14 days from the date of retirement without any agreement on extension of the payment date.
(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
However, the Defendant did not pay the total of KRW 13,49,511, including KRW 3,827,972 as well as KRW 3,827,972 of the employee D’s retirement pay as described in the attached crime list, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
2. The facts charged in 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 Guarantee of Workers’ Retirement Benefits Act, and may not be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
According to the records.