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The prosecution of this case is dismissed.
Reasons
The defendant is the representative of incorporated association C with B and 1 floors in the facts charged, who runs a social welfare business with two regular workers.
When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the above workplace from April 1, 2016 to January 31, 2019, did not pay KRW 700,000 on May 2016, 201 as well as KRW 49,58,568 in total of the wages in arrears with two workers, as indicated in the attached crime list, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
(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, at the above workplace from April 1, 2016 to January 31, 2019, did not pay KRW 9,830,911, total amount of retirement allowances of two workers, including retirement pay 2,889,280, and retirement allowances of E, from April 11, 2017 to January 31, 2019, within 14 days from the date of retirement without agreement on extension between the parties to the payment date.
2. This part of the facts charged is an offense falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019; hereinafter “former Labor Standards Act”); Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act; and pursuant to Article 109(2) of the former Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.