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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant in the facts charged in the instant case is an employer as a business management officer who engages in academic research and service business using eight regular workers under the trade name, namely, “ Incorporated Association C” in Changwon-si, Changwon-si, Masan-si, and C 214.
When a worker retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables 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 worked in the foregoing workplace from May 14, 2013 to October 31, 2014, and did not pay KRW 4,102,085 in total, including KRW 3,500,000, and the amount refunded in excess of the fourth insurance, and KRW 602,085,00,000, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, 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 worked in the said workplace from May 14, 2013 to October 31, 2014, and worked in the employee D retirement pay of 5,027,90 won, and from April 1, 2013 to October 31, 2014, and did not pay retirement pay of 3,223,000 won, and from April 1, 2013 to October 31, 2014, to 2,210,930 won, and from 31, 2013 to 31, 200 won, and 4,000 won, including G6,275,610 won, total of 4,737, and 537,737, and 414, respectively, within the agreed date for the payment of retirement allowances between the parties to retirement.
2. The above facts charged are crimes falling under Article 109(1) and Article 36 of the Labor Standards Act, or subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act.