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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative director of Yeonsu-gu Incheon Metropolitan City building D, 901, 902, who carries out a comprehensive construction business with four full-time workers.
(a) Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all 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.
Nevertheless, the Defendant did not pay the total amount of KRW 5.8 million in arrears, including wages of KRW 3.6 million from January 19, 2010 to January 2, 2015, as wages of KRW 3.6 million from September 2014 and wages of KRW 5.8 million from September 2014 to December 31, 2014, as wages of KRW 2.2 million from September 2014, to two employees in arrears, without agreement on the extension of the payment date between the parties.
(b) An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days after the grounds for payment occur, in cases where the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total of KRW 16,982,060 for two employees in arrears, including the retirement pay of KRW 14,829,89,890, and KRW 16,98,00,00, who worked as a direct seal at the above D hotel site from October 19, 2010 to January 2, 2015, and KRW 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without agreement between the parties on the extension of the payment date.
2. The facts charged of the instant case are crimes falling under Article 109(1) of the Labor Standards Act, Article 44 Subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and the victim’s express statement in accordance with Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.