근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the charge is the representative of the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government G to run wholesale and retail business by ordinarily employing 98 workers.
When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.
Defendant did not pay KRW 4,063,588, which was retired from his/her place of business from October 18, 2009 to November 30, 2015, within 14 days from the date of his/her retirement, which was the date when the cause for payment occurred, without an agreement on the extension of the payment deadline.
2. Determination
(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;
(b) Crimes of non-violation of will: proviso to Article 44 of the Guarantee of Retirement Benefits of Workers.
(c) Judgment dismissing a public prosecution: Article 327 Subparag. 6 of the Criminal Procedure Act (the submission of a written withdrawal of a complaint on November 3, 2016, which contains an intention not to punish an injured person after the institution of the instant public prosecution)