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All of the prosecutions of this case are dismissed.
Reasons
1. Summary of the facts charged in this case
A. [Attachment 2015 Highest 727] The Defendant is an employer who operates the business of manufacturing automated machines by employing ten full time workers as C representative director, a corporation located in Gumi-si B.
1) An employer in violation of the Labor Standards Act shall, where a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred: Provided, That in extenuating circumstances, the due date may be extended by mutual agreement between the parties concerned. The Defendant, as described in the attached list of crimes, did not pay 10 workers' wages, compensations, and all other money or valuables in total within 76,110,000 won within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned, as stated in the attached list of crimes, including the fact that the amount of wages 3,50,000 won retired from the said workplace on February 1, 205 was not paid within 14 days from the date on which the cause for such payment occurred if a worker retires from the workplace.
Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.
The Defendant did not pay KRW 10,571,910 of retirement pay on February 1, 2014 of D, retired on February 1, 2015, within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned, and did not pay KRW 14,487,630 in total, as shown in the attached crime list, within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.
B. [2015 Highest 1167] The Defendant is an employer who operates the business of manufacturing automated machines by employing 10 full time workers as C representative director, a corporation located in Gumi-si B.
When a worker retires, the employer shall do so.