근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is an employer who runs a manufacturing business of shipbuilding machinery using five full-time workers under the trade name called Kimhae-si C located in B at the time of Kimhae-si.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW D’s retirement allowance of KRW 7,336,567, which was retired from the said workplace to November 11, 2014, within 14 days from the date on which the cause for the occurrence of the payment occurred, without any agreement between the parties 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: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;
(c) Declaration of intention that a person who works for the Navy does not want to punish the defendant ( April 14, 2017);
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;