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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged [2016 Highest 2757] The Defendant is a user who has run an advertising service business using 40 full-time workers as the C representative director located in Mapo-gu Seoul Metropolitan Government building 302 (State).
The Defendant, while working in the same workplace from January 12, 2015 to April 22, 2016, did not pay KRW 31,719,745 in total, including KRW 16,89,814, and KRW 3,204,282, and KRW 20,104,096, and KRW 21,282,42,426, and retirement pay in total, including KRW 10,737,319, and KRW 31,745,745, respectively, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.
[2016 Highest 4093] The defendant is a user who used 40 full-time workers as the representative director of Mapo-gu Seoul Metropolitan Government 302 building B (ju) C, who used 40 full-time workers.
A. The Defendant in violation of the Labor Standards Act did not pay KRW 27,775,224, such as wages, etc. to F retired from the said workplace from February 7, 2011 to February 29, 2016, and did not pay wages, etc. to nine workers within 14 days from the date of retirement without agreement between the parties on the extension of the payment period, as stated in the list of attached crimes.
B. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay KRW 20,481,343 to F retired workers while serving in the said workplace from February 7, 2011 to February 29, 2016, and did not pay retirement allowances of KRW 20,481,343 to the said workplace within 14 days from the date of retirement, as shown in the list of crimes in the attached Form.
2. Determination and conclusion
(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act;
B. The crime of non-compliance with labor: Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.