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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged in the instant case is the user who conducts manufacturing as the representative of C located in Ansan-si Member B.
When a worker 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 occurs.
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 76,403,870 won, including D’s wage of 1,802,00 won for September 20, 2013, which worked from May 20, 2013 to March 31, 2016, in total, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date for payment.
(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 may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 25,402,058 won in total, including 8,510,910 won of retirement allowances of the above D at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the date of payment.
2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The said employee’s punishment against the Defendant on October 26, 2016, when the instant indictment was instituted.