근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant is an employer who operates a private teaching institute with three full-time workers, who is the actual manager of the D Teaching Institutes on the fourth floor of the C Building in Namyang-ju.
When a worker dies or retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay KRW 3,660,153 of the E retirement pay from November 2, 2015 to July 7, 2017 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.
2. The facts charged in the instant case are crimes falling under Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
In this regard, the employee E withdraws his/her wish to punish the defendant on the third trial date on May 17, 2018, and thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.