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Each of the instant public prosecution against the Defendant is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is a manager of C’s office located in Seongbuk-gu, Sungnam-si, Sungnam-si, who runs a restaurant business using 13 full-time workers.
(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 did not pay KRW 2,400,000 as wages of February 2, 2017 to workers D who worked from December 11, 2015 to February 28, 2017 at the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties to the extension of the due date for payment.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 2,932,603 of the retirement allowances of workers D who worked in the above workplace from December 11, 2015 to February 28, 2017 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the payment date.
2. Provisions of applicable provisions to the facts charged in judgment: Each judgment dismissing prosecution against the defendant of the worker D after the prosecution under the proviso to Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, Article 4 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, Articles 37 and 38 of the Criminal Act: Article 109 (2) of the Labor Standards Act, Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, and Article 327 subparagraph 6 of the Criminal Procedure Act.