근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is that the Defendant is the representative in Daegu North-gu, the C, who ordinarily employs one worker and operates a manufacturing business of advanced factory costs.
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 according to an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is employed as a production worker from November 11, 2013 to August 14, 2017 at the above workplace.
The employee D's retirement pay 6,623,763 won was not paid within 14 days from the date of occurrence of the cause for the payment, without any agreement between the parties on the extension of the due date.
2. Determination
(a) Crimes of non-performance of will: The proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. After the prosecution of this case, the employee D was not subject to punishment.
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;