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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is the representative of the C Hospital located in Gyeong-gun, Gyeongnam-gun, who is engaged in medical service business using 85 full-time workers.
1. Violation of the Labor Standards Act;
(a) Where an employer who has violated the Labor Standards Act due to non-payment of wages for a retired worker dies or retires, he/she shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, except where the parties to the case agree on the extension
Nevertheless, the defendant is working from June 28, 2017 to September 5, 2018 at the above workplace.
The retirement D's wages of KRW 2,500,000 as of July 7, 2018, and KRW 69,685,966 of the total wages of 14 workers, as shown in Appendix I, were not paid within 14 days from each retirement day, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date.
(b) An employer who violates the Labor Standards Act due to payment of wages to employed workers shall pay them in full in currency directly to workers, except as otherwise provided for in Acts and subordinate statutes or a collective agreement.
Nevertheless, the Defendant did not pay the full amount of wages (total amount of KRW 9,00,000) on July 9, 2018, which he worked from April 9, 2018 at the said workplace, to four employees, as shown in Appendix II, as well as the wage of KRW 1,00,000,00, in a currency, as shown in the attached Table II.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where an employee retires, pay the retirement allowance within fourteen days from the date when any cause for payment occurred, except in case where there exists an agreement on extension of the due date
Nevertheless, the defendant is working from June 28, 2017 to September 5, 2018 at the above workplace.
As shown in Appendix I, including 2,914,680 retirement pay of retired D, as shown in Appendix I.