근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant is the actual manager of the Songpa-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. (Seoul Songpa-gu 209), who has run a small wholesale and retail business using one full-time worker.
The defendant who entered the above workplace on September 8, 2010 and works until August 8, 2012.
A retired employee's retirement allowance of KRW 1,901,710 has not been paid 14 days after the date of retirement, which is the date when the ground for payment occurred, without any agreement between the parties on the extension of the due date.
2. The facts charged in the instant case are crimes falling under Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent pursuant to the proviso to Article 44 of the same Act. According to the records, since the worker D is recognized as having expressed his/her intention not to punish the defendant after the institution of the instant prosecution, the instant prosecution in this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act