근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is a business owner who has been engaged in a manufacturing business with two full-time workers as the representative of the Si located in the Busan-gu B, Busan-gu.
When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 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 did not pay KRW 7,393,770 of D retirement pay within 14 days from the date of the occurrence of the cause for such payment, without any agreement between the parties on the extension of the payment deadline, while serving as the production employee from July 21, 2014 to August 19, 2017.
2. Determination
(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;
(b) Crimes of non-violation of will: proviso to Article 44 of the Guarantee of Retirement Benefits of Workers.
C. On May 21, 2018, after the institution of the instant indictment, a written agreement stating the intent of the victim not to punish the Defendant is submitted.
Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act