근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is the representative of C in Gunsan-si B, who runs a manufacturing business by employing five full-time workers.
When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, on May 1, 2015, the Defendant did not pay the retirement allowance of KRW 12,319,880 of D who retired from the said place of business within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.
2. The offense of violation of the Act on the Guarantee of Retirement Benefits of Workers as stated in the facts charged of the instant case constitutes Article 44 subparag. 1 of the Act on the Guarantee of Retirement Benefits of Workers and thus cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the same Act
However, according to the records of this case, it is recognized that the victim expressed his/her intention not to be punished on April 5, 2016.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.