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The prosecution of this case is dismissed.
Reasons
The Defendant is an actual operator of the Mapo-gu Seoul Metropolitan Government and the first floor, who runs the wholesale and retail business of publishing books by using two regular workers. A.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.
Nevertheless, the Defendant is working in the foregoing workplace from November 1, 2010 to August 22, 2018.
D's wages of 1,380,000 won in May 2018, wage of 1,900,000 won in June 2018, wage of 1,90,000,000 won in July 2018, part of wage of 1,348,380 won in August 2018, and wage of 1,38,380 won in March 15, 2014 to August 22, 2018.
The retirement E’s wages of KRW 3,500,00 in June 2018, the wages of KRW 3,500,000 in July 2018, and KRW 16,012,250 in total, including part of the wages of KRW 2,483,870 in August 2018, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working in the foregoing workplace from November 1, 2010 to August 22, 2018.
Retirement allowances of retired FF 11,890,544 won and those of March 15, 2014 to August 22, 2018.
The retirement allowances of retired E, including KRW 21,575,341, were not paid 3,465,885 in total within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.
Judgment
Of the facts charged in the instant case, the charge of violating the Labor Standards Act cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the charge of violating the Act on the Guarantee of Workers’ Retirement Benefits among the facts charged