근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is a limited company C located in Jindo-gun B, who employs six full-time workers as a large-time director of the company C with limited liability located in Jindo-gun B.
When a worker retires, the employer shall pay the retirement allowance within 14 days from the date of the retirement unless there exists an agreement on the extension of the date of the multilateral payment.
Although D, who worked in the above workplace from July 24, 2007 to June 9, 2015, retired around that time, the Defendant failed to pay KRW 20,005,383, a retirement allowance of the above D, to the lapse of 14 days from the date of retirement of the above D, without agreement between the parties on the extension of payment deadline.
2. The above facts charged are the crimes falling under Article 44 subparagraph 1 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s express intent under the proviso to the same Article.
According to the records, on January 25, 2016, after the indictment of this case was instituted, a written agreement that workers D did not wish to punish the defendant against the victim on January 25, 2016 can be acknowledged as the facts submitted to this court. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.