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The prosecution of this case is dismissed.
Reasons
1. On June 13, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Daejeon District Court on the summary of the facts charged. On December 10, 2012, the execution of the sentence was completed in the Daejeon Correctional District Court.
【Criminal Facts】 The Defendant is an employer who operates C (State) with 24 full-time workers in Seo-gu, Daejeon.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, from October 16, 201 to April 16, 2013, the Defendant did not pay KRW 3,066,667, total amount of wages from March 2013 to April 2013, 201, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as shown in the attached list of crimes, 50,640,373, total amount of wages of 21 workers, as shown in the attached list of crimes, without any agreement on the extension of the due date between the parties concerned.
2. 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
Nevertheless, from October 16, 201 to April 16, 2013, the Defendant did not pay KRW 3,025,470 of D retirement pay, which served as the head of the reservation office, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and did not pay KRW 40,722,390 in total for 15 employees, as described in the attached list of crimes, within 14 days from the date of retirement, as described in the attached list of crimes.
2. The above facts charged are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.