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The prosecution of this case is dismissed.
Reasons
1. The Defendant is the representative of the LAB, located in the Daegu Jung-gu, Daegu-gu, and is the employer who runs the golf product sales business using eight full-time workers. A.
When a worker dies or retires, an employer of liquidation of money and valuables (violation of the Labor Standards Act) shall pay wages, compensations, and other money and 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.
Nevertheless, the Defendant, at the above workplace from February 1, 2008 to June 30, 2018, worked for inventory inspection (7/5, 6, 7, 8, 12, 14, 15) and worked for inventory inspection (7/5, 6, 7, 8, 12, 14, 15), did not pay wages of 72,580 won within 14 days from the date on which the cause for payment occurred without agreement between the parties to the extension of the due date.
(b) An employer who pays a retirement allowance (violation of the Guarantee of Workers' Retirement Benefits Act) shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred;
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 31,923,901 of E retirement pay, which was worked from February 1, 2008 to June 30, 2018 at the above workplace, within 14 days from the date of occurrence of the cause for payment, without agreement between the parties to the extension of the due date.
2. Determination
(a) Crimes of non-compliance with an intention: Article 109(2) and (1), and Article 36 of the Labor Standards Act; proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act; subparagraph 1 of Article 44 and Article 9 of the same Act;
B. On February 11, 2018, after the filing of the instant indictment, submission of a written agreement to the effect that workers do not wish to punish the Defendant.
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;