근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
The summary of the facts charged in the instant case is that the Defendant is an employer who operates electrical construction business with three full-time workers at the C Remodeling site, etc. located in Eunpyeong-gu Seoul Metropolitan Government, and the Defendant did not pay KRW 10,062,461 of the retirement allowances of retired workers D within 14 days from the date of retirement on which the grounds for payment occurred without any agreement on the extension of payment deadline between the parties concerned.
However, this is a crime falling under the main sentence of Article 44 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s explicit intent pursuant to the proviso of Article 44 of the same Act.
In this regard, according to the statement of non-wons for punishment prepared by D bound in the trial records, the victim can be acknowledged on February 2, 2018, which was after the prosecution of this case, that the defendant had withdrawn his/her wish to punish the defendant.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.