근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant was in charge of accounting duties, etc. at construction materials companies with the trade name “E”, whose father B had registered a business under the name of his mother in Da from around 1997 to March 12, 2017. The Defendant was a business owner from around 197 to around 12, 2017, who was operated by the Defendant from around 201 to around 2017.
When a worker dies or retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred, unless there exists any agreement between the parties on the extension of the fixed date.
Nevertheless, the Defendant worked in the foregoing workplace from October 16, 2012 to May 31, 2017, and worked in F retirement pay 9,289,592 won and from June 10, 2013 to May 31, 2017, and did not pay the total of 19,018,596 won of G retirement pay of retired workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties.
2. The facts charged in the instant case are crimes falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim's explicit intent under the proviso of Article 44 of the same Act.
According to the records, around December 5, 2018, after the prosecution of this case, G submitted a written agreement stating the intent that G does not want to punish the defendant, and around January 10, 2019, F submitted a written agreement stating the intent that F does not want to punish the defendant.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.