근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is the D representative of the sixth floor of the Seo-gu Daejeon building located in Seo-gu, Daejeon, who runs wholesale and retail business by making use of two full-time workers.
When a worker retires, the employer shall pay the retirement allowance within fourteen days after 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 1,202,061 of the retirement allowances of E (the age of 27 years) who worked as infant care teachers from August 7, 2012 to April 30, 2014, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
2. The crime of violating the Act on the Guarantee of Workers' Retirement Benefits is a crime (Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits) which cannot be prosecuted against the express will of the victim. The victim E expressed his/her intent not to prosecute the defendant on March 27, 2015, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed.