근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant, as the representative of the C Company in Daegu Suwon-gu B, is an employer who runs cleaning service business with ten full-time workers.
When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
From January 1, 2005 to December 31, 2017, the defendant works for the defendant's company.
The retirement allowance of 12,605,064 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
2. Determination
(a) Applicable provisions of Acts: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9;
(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.
C. On February 2, 2019, a written agreement stating an employee’s expression of non-existence of punishment is submitted.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;