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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the representative of the Co., Ltd. C in Busan Shipping Daegu, is an employer who is a person in charge of human resources supply business with approximately 400 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and the period may, under special circumstances, be extended by mutual agreement between the parties concerned.
Nevertheless, the Defendant did not pay the total of 41,91,158 won from the date of retirement within 14 days from the date of retirement, as stated in the attached Table, including E’s wage (time work) 12,829,500, which was worked as security guards from January 1, 2011 to December 31, 2015, as well as the total of 41,991,158 won, as stated in the attached Table, from the Busan Southern-gu D apartment as security guards.
In addition, an employer shall allow a recess of not less than 30 minutes if working for four hours or a recess of not less than one hour if working for eight hours, and a recess of not less than one hour if working for eight hours may be freely used by an employee.
Nevertheless, the Defendant did not grant six recess hours during working hours to E, who worked as security guards from January 1, 201 to December 31, 2015, as stated in the attached Form, including the fact that recess hours are not during working hours from January 1, 2013 to September 30, 2015, from January 1, 2013 to September 30, 2015.
2. Determination
A. On December 28, 2015, the complainant filed a complaint against the Defendant on the ground that the Defendant did not grant a recess period to the complainants as stated in the facts charged of the instant case, and that the Defendant violated the obligation to liquidate money and valuables for the period of recess work.
B. On October 21, 2016, the Prosecutor’s Office suspected of having continuously provided labor under the direction and supervision of the Defendant even during the recess hours.