근로자퇴직급여보장법위반
All of the prosecutions of this case are dismissed.
1. The summary of the facts charged is the E representative on the 1st floor in Gyeyang-gu Incheon Metropolitan City, who ordinarily employs 10 more workers and operates beauty service business.
When a worker dies or retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the F's retirement allowance of 19,015,845 won, G's retirement allowance of 19,015,845 won, the total sum of 39,244,45 won, and the amount of G's retirement allowance of H retirement allowance of 9,342,879 won, and the amount from May 1, 2014 to April 21, 2016, which served from June 26, 2010 to February 9, 2016 at the same place of business, within 14 days from each date of retirement without an agreement between the parties on the extension of the payment period. < Amended by Act No. 13474, Mar. 1, 2012; Act No. 13479, Jan. 14, 2015; Act No. 13655, Jan. 29, 2016>
2. The facts charged in the instant case are the crimes falling under subparagraph 1 of Article 44 of the Guarantee of Retirement Benefits of respective workers, and cannot be prosecuted against the clearly expressed will of the victimized workers pursuant to the proviso to Article 44 of the Guarantee of Retirement Benefits Act.
However, according to the records of this case, since each written agreement was submitted to the purport that the injured workers do not want to be punished against the Defendant on June 23, 2017, which was after the prosecution, the prosecution of this case is dismissed in entirety pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.