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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the representative director of Yeonsu-gu Incheon Metropolitan City C building 3, is an employer who operates electronic components manufacturing business using seven regular workers.
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.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the above workplace from November 19, 2007 to December 31, 2017, was serving in and retired from E’s retirement, and served in December 19, 2017 to December 31, 2017, and paid 8,489,025 won in total as two retired workers, including 6,417,965 won in December 19, 207 to 31, 2017, 2017, 200 to 6,417,965 won in December 2017.
(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 by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the above workplace from November 19, 2007 to December 31, 2017, did not pay the total of KRW 47,940,006 for the retirement allowances of two retired workers, including KRW 27,405,91, and KRW 14 days from November 19, 2007 to December 31, 2017, including KRW 20,534,01, and KRW 20,015, which were retired, within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment.
2. The crime of non-prosecution of decision: Each written application for non-prosecution of punishment, which states that workers under the proviso to Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers' Retirement Benefits Act do not want the punishment of the defendant, shall be filed after the instant indictment.