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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, as the representative C in Seongbuk-gu, Seongbuk-gu, Changwon-si, Changwon-si, the Defendant is an employer who runs automobile parts manufacturing business with four full-time workers.
When a worker retires, the employer shall pay the retirement allowance 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 is working in a production position from December 1, 2003 to July 25, 2017 at the above workplace.
The retirement allowance of D, including 12,591,009 won, did not pay 54,652,844 won in total, which is 54,652,844 won in total, from the date of retirement within 14 days from the date of retirement, as shown in the separate list of crimes.
2. Determination
(a) Applicable provisions of Acts: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;
(b) Crimes of non-performance of will: The proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
(c) Agreements submitted on May 21, 2020 by affected workers;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;