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All of the prosecutions of this case are dismissed.
Reasons
Punishment of the crime
The summary of the facts charged is that the Defendant was a person who was engaged in the business of manufacturing new renewable energy machinery and equipment by employing three full-time workers as the representative of the C Co., Ltd. located in Gyeongnam-gun and not by Gyeongnam-gun.
When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant, from April 5, 2019 to December 21, 2019, retired from the said workplace, did not pay the total of KRW 780,000 of wages of September 2019, and KRW 1,610,000 of wages of October 2019, and KRW 3,150,000 of wages of November 1, 2019, and KRW 7,500,000 of wages of December 1, 2019 without an agreement on the extension of the payment date, and did not pay KRW 14 days from the date of retirement, as in the attached Table 1 re-period of the attached crime attached hereto, within 14 days from the date of retirement without any agreement on the extension of payment date between the parties.
The Defendant of “2020 Highest 319” is an employer running a stock company B located in Gyeongnam-gun, and where a worker dies or retires, he/she shall pay wages, compensations, and all other money and valuables within 14 days from the time the grounds for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
The Defendant, from April 2, 2020 to May 2, 2020, did not pay KRW 3,300,000,00 of the E’s wages retired from the said workplace as an official title, within 14 days from the date of retirement, without agreement between the parties on the extension of payment period, and without agreement on the extension of payment period, as shown in attached Table 2, as well as KRW 72,070,963, total amount of eight retired workers’ wages, as in attached Table 2, as the date of the crime committed during which the parties agreed to extend payment period, 14 days from the date of retirement.