근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
The summary of the facts charged is the defendant as the representative of the Co., Ltd. in Seo-gu Incheon Metropolitan City, who runs a manufacturing business using four full-time workers.
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 5,683,835 of D retirement pay from August 1, 2014 to February 28, 2017 within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.
Judgment
1. Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;
2. Crimes of non-violation of will: proviso to Article 44 of the Guarantee of Retirement Benefits of Workers.
3. Judgment dismissing a public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (Submission of a written withdrawal of a complaint stating the intention of not to institute a public prosecution of this case on May 11, 2017),