근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant is the representative of the medical corporation C Foundation D Hospital located in P at the time of strike, who ordinarily employs 60 workers and operates a health business.
When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which 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 the head of the hospital from October 01, 201 to November 30, 2019 at the above workplace, and did not pay the retirement allowance of the retired worker E within 14 days from the date of retirement without agreement between the parties to 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 February 25, 2021, after the institution of public prosecution, a written statement of non-existence of the punishment of workers was submitted.
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;