근로자퇴직급여보장법위반
All of the prosecutions of this case are dismissed.
1. The summary of the facts charged is the representative of the C convalescent Hospital in Gyeyang-gu Incheon, who ordinarily employs 50 full-time workers, and operates a health business (convalescent hospital).
Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant worked as nursing staff from January 7, 2015 to June 7, 2016 at the above workplace, and did not pay KRW 5,830,970, respectively, within 14 days from each retirement date, without agreement between the parties to the extension of payment deadline.
2. The facts charged in the instant case are crimes falling under Article 44 (1) of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s express intent pursuant to the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, since the victims expressed their intention not to be punished after the public prosecution in the instant case was instituted, each of the instant public prosecution in accordance with Article 327 (6) of the Criminal Procedure Act is dismissed.