근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is a business owner who engages in construction business by using one full-time worker in the trade name called Changwon-si Member B from Changwon-si, Changwon-si.
Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 8,604,560 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, as it worked in the said workplace from September 22, 2011 to November 12, 2016.
2. The determination is an offense falling under Article 44 subparagraph 1 or Article 9 of the Guarantee of Workers' Retirement Benefits Act, and is not prosecuted against the express will of the victim of the person who has worked in accordance with the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.
According to the records, it is recognized that workers D expressed his/her intention not to punish the defendant on April 19, 2017. Thus, this part of the public prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.