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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged [2018 Highest 383] Defendant is an employer who has run D Co., Ltd. in the petition district C at the Cheongju-si.
(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 July 16, 2007 to October 26, 2017, did not pay 1,904,700 won for non-paid annual paid leave allowances in 2016, and 1,777,720 won for non-paid annual paid leave allowances in 2017, and 3,682,420 won for non-paid annual paid leave allowances in 2017, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.
(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 52,767,680 won of retirement pay E, which was employed as described in the paragraph (a), within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
[2018 Highest 1022] Defendant Co., Ltd. employs approximately 120 full-time workers in the petition district C, Cheongju-si, and operates the construction business chain D.
A. The Defendant violated the Labor Standards Act: (a) the victim F, who retired while working in the said company from June 2, 2014 to March 15, 2018, was paid wages of KRW 4,202,80 on February 2, 2018; (b) the victim F, who retired from the company, paid wages of KRW 2,101,40 on March 3, 2018; (c) the bonus of KRW 1,976,400 on March 2, 2017; and (d) the bonus of KRW 3,952,80 on May 2, 2018; and (d) the annual bonus of KRW 13,492,70 on March 10, 2015 to March 15, 2018; and (e) the victim’s retirement from the said company; and (e) the victim’s retirement from the victim G.