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The prosecution of this case is dismissed.
Reasons
1. The Defendant in the facts charged is the representative director of corporation D with the head office and branch offices in Gangnam-gu Seoul and 10 in Seoul, Gangnam-gu Seoul, Seoul and Jung-gu, Seoul and 3, who ordinarily employs 25 workers and operates manufacturing business, etc.
1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;
Nevertheless, the Defendant did not pay KRW 56,268,318, respectively, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline, as well as KRW 1,630,00 of the E’s wages, which were worked from September 3, 2012 to October 31, 2017 at the same place of business, to 16,268,318, as stated in the list of crimes in the attached Table.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and
Nevertheless, the defendant did not pay 8,845,645 won in total for 18 employees, as stated in the list of crimes in the attached Table, as well as 89,405,002 won in total for 18 employees, who worked in the above workplace from September 3, 2012 to October 31, 2017, within 14 days from the date of each retirement without any agreement on the extension of payment period between the parties concerned.
2. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act: Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and Article 44 of the Act on August 17, 2018, which is applicable to the facts charged of judgment: The judgment dismissing a public prosecution against the submission of an expression of non-existence of punishment for each employee on August 17, 2018 (Article 327 subparag. 6 of the Criminal Procedure Act).