근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant is a representative of D located in Seongbuk-gu Seoul Metropolitan Government second floor, who operates a restaurant with three full-time workers.
When an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay KRW 3,371,650 of the retirement allowances of E retired from the said workplace from November 1, 2015 to June 8, 2017 within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without an agreement between the parties on the extension of the payment deadline.
2. Determination
(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;
(b) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;
C. On June 19, 2018, after the prosecution of this case, submission to the court of withdrawal of a complaint containing an expression of intention not to punish E
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;