근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is the actual manager of Seongdong-gu Seoul Metropolitan Government Co., Ltd., who runs a manufacturing business using 50 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the defendant did not pay KRW 14,624,486 of D's retirement pay, which was retired from the above workplace from September 10, 2008 to August 31, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.
2. Determination
(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;
(b) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;
(c) Declaration of intent that D Workers of the Navy does not want to be punished against the Defendant ( May 9, 2018)
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;