근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the C representative in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, who employs 11 full-time workers and is engaged in the manufacturing of both horses.
When a worker retires, an employer shall pay the retirement allowance within fourteen days after the cause for such payment occurs.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the above Defendant did not pay KRW 29,037,154 of D retirement pay from the above workplace to April 30, 2017 within 14 days from the date of retirement, which is the date of statutory payment, without agreement between the parties on the extension of the payment date.
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: proviso to Article 44 of the Guarantee of Retirement Benefits of Workers.
C. On November 8, 2018, after the institution of the instant indictment, a written confirmation of non-performance of punishment indicating the intent of non-performance of punishment against the Defendant of the victimized person is submitted.
Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act