근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is an employer who ordinarily employs four workers as the representative director of Yongsan-gu Seoul Metropolitan Government and the Co., Ltd. in the fourth floor and operates an animation production work.
When a worker retires, an employer shall pay a retirement allowance within 14 days from the date of his retirement.
Nevertheless, the defendant did not pay KRW 3,136,62 of D retirement pay from November 23, 2016 to December 10, 2017 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.
2. The violation of the Act on the Guarantee of Retirement Benefits for Workers due to the failure to pay the determined retirement allowance was not prosecuted against the victim’s express intent (the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits). Since D expressed his/her intent not to be punished on July 19, 2018, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.