(영문) 수원지방법원 2017.07.04 2017고단2207



The prosecution of this case is dismissed.


1. The summary of the facts charged is that the Defendant is the representative of the Kamsi-si Seoul Special Metropolitan City Development Bank Co., Ltd., located in the Kamsi-si District B, who conducts manufacturing 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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the amount of KRW 46,188,949 of retirement allowances of D employed by the employees from March 1, 1998 to September 30, 2012 at the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without 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 March 29, 2017, after the prosecution of the instant case, submission of a written application for non-criminal punishment to the effect that workers D does not want to be punished by the Defendant

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;