근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is a person who operates a furniture manufacturing business by employing three full-time workers in the column C with the trade name from the second floor of the building B in Yangyang-ju without business registration.
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 according to an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working from July 18, 2016 to February 5, 2019 at the above workplace.
The retirement allowance of 9,029,928 won was not paid within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties to the extension of the due date.
2. Determination
(a) Crimes of non-performance of will: The proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. After the prosecution of this case, the employee D was not subject to punishment.
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;