근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is a full-time worker employed by 140 full-time workers in D, a representative of D, Si, Gyeongnam-si, Si, Gyeongnam-si, who runs a vessel processing business.
Defendant did not pay KRW 233,095,826, total sum of 26 retirement allowances, as stated in the details of the money and valuables in arrears attached hereto, to the said workplace from July 1, 2014 to January 16, 2017, as well as KRW 11,420,849, retired from the FF’s retirement pay of KRW 11,420,849, which was employed as an employee, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline
2. Determination
A. Article 44 applicable to the facts charged: Article 44-1 and Article 9 of the Act on the Guarantee of Retirement Benefits for respective workers; Articles 37 and 38 of the Criminal Act
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
C. After the prosecution of the instant case, all victims expressed their intention to punish the Defendant.
Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act