근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The gist of the facts charged is that the Defendant, as the representative of Da located in the former Gun of North Korea, is an employer who runs educational services (private teaching institutes) using six full-time workers.
An employer shall, where a worker retires, pay a retirement allowance within 14 days from the date on which the grounds for such payment occurred, and where in special circumstances exist, the payment date may be extended by mutual agreement between the parties concerned.
Nevertheless, the Defendant, from April 1, 2009 to March 31, 2016, did not pay KRW 14,902,318 of the retirement pay of E retired from office within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.
2. Determination
(a) Applicable law: the main sentence of Article 44 of the Guarantee of Retirement Benefits for Workers, and Articles 44 and 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) On November 3, 2017, a person who works in the Navy submits a written agreement that he/she does not want to be punished against the defendant;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;