근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is the defendant as the representative of the Gangnam-gu Seoul building and C, Inc. located in 1301, who is an employer, who employs 15 full-time workers and operates management consulting 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 did not pay KRW 4,060,410 of retirement allowances of retired workers D within 14 days from the date of the occurrence of the reasons for payment, without agreement between the parties on the extension of the payment deadline, to the public relations day from January 18, 2016 to September 14, 2017.
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 June 19, 2018, after the institution of public prosecution of the instant case, workers D were not subject to punishment.
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;