beta
(영문) 수원지방법원 안산지원 2019.03.20 2019고단203

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who runs wholesale and retail business by using two full-time workers while operating a sales store located in CB at Si interest cities, and the Defendant did not pay KRW 6,727,218 of the victim D’s retirement pay, who is an employee, retired while working for from September 1, 2015 to May 31, 2018, within 14 days from the date of retirement without an agreement on extension of the due date.

2. The judgment is a crime falling under Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under the proviso to Article 44 of the same Act. According to the agreement submitted by the defendant on October 24, 2018, the above victim has withdrawn his/her wish to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.