근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant, as the representative director of Geumcheon-gu Seoul Metropolitan Government Dispute Resolution D, is a user who runs the wholesale business of semiconductor chips by employing 14 full time workers.
When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the above workplace from July 20, 2015 to November 14, 2017, was in service and did not pay KRW 20,604,493 of the F retirement pay within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
2. Determination
(a) Applicable provisions of Acts: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9;
(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.
C. The application for punishment was submitted after prosecution.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;