근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant, as a representative of the Ccafeteria in Guro-gu Seoul Metropolitan Government, is an employer who runs food business using five regular workers.
The defendant works in the above workplace from April 8, 2009 to December 10, 2012.
The retirement allowance of KRW 5,600,000 has not been paid for 14 days from the date of retirement without agreement between the parties on the extension of the due date.
2. The facts charged above are the crimes falling under subparagraph 1 of Article 44 or Article 9 of the Guarantee of Workers' Retirement Benefits Act and may not be prosecuted against the victim's express will under the proviso to Article 44 of the same Act.
However, according to the “Agreement” written in the trial records, it can be acknowledged that the employee D withdraws his/her wish to punish the defendant on April 3, 2013, which was subsequent to the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.