근로기준법위반
The prosecution of this case is dismissed.
1. The Defendant, as a representative of the C Company in Seo-gu Incheon, is an employer who runs a manufacturing business using 15 regular workers.
The Defendant did not pay KRW D retirement allowance of KRW 5,334,410, which worked from November 1, 2009 to April 16, 2012 at the same place of business, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date.
2. The facts charged in the instant case cannot be prosecuted against the employee’s explicit intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it can be acknowledged that the employee D expressed his/her intent not to punish the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.