근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is the representative of the Co., Ltd. Co., Ltd. in Scheon-si B, who runs a manufacturing business with ten full-time workers and is an employer.
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 by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 6,263,284 of D retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment from October 10, 2015 to July 10, 2018.
2. Determination
(a) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
(b) The employee shall express his/her intention not to punish him/her after institution of public prosecution;
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;