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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative of the “C” located in the Republic of Korea, who is an employer who employs seven full-time workers and engages in sales business after cultivating Pakistan, Saturdays, etc.
When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the above workplace from November 5, 2004 to April 23, 2018, did not pay 54,600,000 won in total as stated in the attached crime list, including D's wage 1,40,000 won in April 2015, which was retired from office, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.
(b) An employer in violation of 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 in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, from November 5, 2004 to April 23, 2018, the Defendant worked as the director in charge of machinery and equipment at the above workplace, and did not pay KRW 20,377,566 of D retirement pay within 14 days from the date of retirement without agreement on the extension of the due date between the parties.
2. Provisions of applicable provisions to the facts charged in judgment: Judgment dismissing employees D's expression of intention not to punish employees on March 7, 2019, which is after the prosecution is instituted under Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act: Article 109 (2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers' Retirement Benefits Act (Article 327 subparagraph 6 of the Criminal Procedure Act).