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All of the prosecutions of this case are dismissed.
Reasons
1. On November 30, 2009, the Defendant was notified of a summary order of KRW 1.5 million for a violation of the Labor Standards Act in the Youngju District Court’s Young-dong branch. On April 23, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Cheongju District Court, and completed the execution of the sentence at the Cheongju Prison on March 1, 2013.
【2015 Highest 133】 The Defendant is the actual manager of (ju) D in the Chungcheongbuk-gun C, and the employer who ordinarily employs five workers and operates the aggregate sales business.
When an employee retires, an employer shall pay him/her wages within fourteen days after the cause for such payment occurred.
However, the defendant from March 19, 2014 to the same year.
5.3. Until March 1, 200, wages of KRW 3,920,000 were not paid to E retired from the said workplace within 14 days from the date of the occurrence of the cause for the payment without agreement on the extension of the due date for payment between the places of the employment, and the total amount of wages of KRW 21,920,000 for five workers, as shown in the Schedule of the Crimes in the Attached Crimes, did not be paid within 14 days from the date of the occurrence of the cause for the payment without agreement between the parties on the extension of the due date for payment.
【2015 Highest 261 【The Defendant is the actual manager of (ju) D in the Chungcheongbuk-gun C, and is the employer who ordinarily employs seven workers and operates the aggregate sales business.
When an employee retires, an employer shall pay him/her wages within fourteen days after the cause for such payment occurred.
However, from March 16, 2014 to May 29, 2014, the Defendant retired from his/her workplace as a day-to-day employee and worked in the same workplace as wages of FF on May 5, 2014, and from March 24, 2014 to May 29, 2014, the Defendant did not pay KRW 5,380,000 as wages of G on May 5, 2014, without an agreement between the parties on the extension of the payment date.
2. Determination: Provided, That this shall not apply;