근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the representative director of the (J)C located in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, who ordinarily employs eight workers and operates the business of manufacturing yellow products.
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.
The Defendant, while working in the foregoing workplace from July 21, 2012 to January 20, 2015, did not pay KRW 5,255,000 of retirement pay to retired workers D within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties concerned.
2. Determination:
(a) Crimes of non-violation of will: proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. On August 21, 2015, after the institution of the instant indictment, submission of a written withdrawal of petition to the effect that workers D does not want to punish the Defendant.
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;