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Defendants are not guilty.
Reasons
1. Summary of the facts charged
A. Defendant B is an employer who served as the representative director of the (ju) EE Corporation from December 3, 2007 to July 12, 2010.
From October 1, 1985 to March 31, 2009, the Defendant did not pay KRW 2,780,824 of the worker F’s retirement pay from the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment. In addition, the Defendant did not pay KRW 1,89,935,935, and retirement pay KRW 3,889,486 of the total amount of wages for five workers as shown in Appendix I as shown in Appendix I, within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment.
B. Defendant A is an employer who served as the representative director of (ju) ECE Corporation from July 13, 2010.
The Defendant, around October 31, 201, worked at the former EE Corporation from October 19, 2005 to October 17, 201, did not pay KRW 1,414,433 and the balance of retirement pay KRW 552,200 within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date. In addition, as described in the attached Table II, the Defendant did not pay KRW 13,473,806 and the balance of retirement pay KRW 1,95,575 within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.
2. Determination
A. Under the Harbor Act, (1) the parties’ relationship (A) Incorporated Association (hereinafter “H Association”) has been designated as the port management corporation by the chief of Busan Regional Maritime Affairs and Fisheries Office in accordance with the Harbor Act, and performed the guard and security work for the maintenance of order of Busan Port and the safety of port facilities. The KFE (hereinafter “instant construction”) is a public institution affiliated with the Ministry of Oceans and Fisheries established on December 3, 2007 to protect only the Busan Port designated as a key national establishment.