근로자퇴직급여보장법위반
Each of the instant public prosecutions is dismissed.
1. The Defendant is a person who is a manager of Daegu North-gu Seoul Northern District Co., Ltd. and operates a service business with ten full-time workers.
When a worker dies or retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working at the said workplace from November 1, 2014 to February 19, 2016.
In addition to the details of the money and valuables in arrears of the retired E's retirement allowance of KRW 2,302,569, the total amount of KRW 10,599,424 of the five employees' retirement allowances has not been paid within 14 days from the date of retirement without any agreement on extension of the due date
2. Grounds for dismissing public prosecution;
(a) Crimes of non-violation of will: proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. Submission of a written agreement that the petitioner expresses his intention not to punish after the prosecution of this case
(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);