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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative of the Damaart located in Daegu Dong-gu C, who has run a general food retail business with three regular workers. A.
When a worker retires, an employer in violation of the Labor Standards Act shall pay the wages within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant worked in the aforementioned DNA from November 22, 2010 to April 1, 2014, but did not pay the total of KRW 4,83,950 to April 201, 201, including KRW 112,50,00 of the retired workers E, within 14 days from the date of retirement without an agreement on the extension of the due date.
(b) An employer who violates 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
Nevertheless, the defendant did not pay the retirement allowance of KRW 1,757,488 of the above worker E within 14 days from the date of retirement without agreement on the extension of the date.
2. Determination
(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);
B. On June 25, 2015, the date of the instant indictment, the expression of intent not to punish workers E
(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);