근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant, as the C representative director of the company with about 15 full time workers, is an employer who is a person in charge of operating information and communications business with the 10th floor of the Seoul Jung-gu building B.
Where an employee retires, an employer shall pay a retirement allowance within 14 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 24,930,693 of retirement allowances of retired workers D within 14 days from the date of the retirement without an agreement on the extension of the payment period between the parties, as it worked from December 1, 201 to July 31, 2017 at the above workplace.
2. The determination is based on the following facts: (a) an offense falling under Article 44 Subparag. 1 or 9 of the Act on the Guarantee of Workers’ Retirement Benefits; and (b) an offense falling under the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits may not be prosecuted against the express will of
According to D’s written application for non-prosecution of punishment bound in the records, D may recognize the fact that he/she expressed his/her intention not to punish the Defendant on July 25, 2018, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.