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All of the prosecutions of this case are dismissed.
Reasons
The defendant of the factory office is the representative director of Seongbuk-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. in the three-story building in Seongbuk-gu, who has operated the entrusted operation business of the call center by using ten full-time workers.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after 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 was working as an employee of the management department from October 1, 2015 to January 31, 2017 at the same place of business and did not pay KRW 2,430,940 on February 2, 2016 of the retired employee D, wages of 2,279,890 won, wages of 2,361,150 won on April 2, 2016, wages of 2,320,180 won on May 2, 2016, wages of 2,300,300,00 won on June 2, 2016, wages of 2,426,050 won on July 7, 2016, wages of 304,780 won, wages of 2,780 won on August 2, 204, 2016, wages of 2,360,480 days on the ground for the extension of 30 days.
2. An employer shall, if a worker retires, pay a retirement allowance within 14 days after 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 did not pay KRW 3,446,260 of retirement allowances of retired workers D within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without an agreement between the parties on the extension of the payment period, while serving as an employee of the management department from October 1, 2015 to January 31, 2017.
Judgment
Article 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits: Article 109(2) of the Labor Standards Act, Article 44 of the Labor Standards Act, Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, and Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.