근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant, as the representative of the D Company No. 101 of Pyeongtaek-si Building C, is an employer who runs director cargo business using eight regular workers.
When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Nevertheless, the defendant is working from April 13, 2009 to August 13, 2012 at the above workplace.
The retirement allowance of the retired worker E was not paid 9,801,368 won within 14 days from the date of retirement without agreement between the parties to the extension of the due date.
2. The facts charged above shall not be prosecuted against the express will of the victim under the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, among crimes falling under subparagraphs 1 and 9 of Article 44 of the same Act;
However, according to the written agreement signed on May 15, 2014, which was bound in the trial records, the employee E withdraws his/her intent to punish the Defendant on May 15, 2014, which was after the institution of the instant public prosecution. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.