근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant, as a manager of B’s office, is a personal construction business operator who employs two full-time workers and engages in mid-term work.
Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant at the above workplace from March 15, 2012 to July 13, 2015 and did not pay KRW 13,766,959 to retired C within 14 days from the date of retirement, which is the date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment deadline.
2. The crime of violating the Act on the Guarantee of Retirement Benefits of Workers in the instant facts charged falls under Article 44 subparag. 1 of the Act on the Guarantee of Workers’ Retirement Benefits and thus cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the same Act. According to the records of the instant case, it is recognized that the victim withdrawn his/her wish to punish the Defendant on January 27, 2016, which is the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.