근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant, as a representative of the Do Private Teaching Institute, who is in the sports building C in South Korea, is an employer who runs an educational service business by employing five full-time workers.
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 worked as a school lecturer from March 3, 2014 to August 26, 2017 at the above workplace, and did not pay KRW 8,561,010 to retired E within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment of money and valuables.
2. Determination
(a) Applicable provisions of Acts: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9;
(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.
C. After the prosecution of this case, a written agreement including the expression of non-existence of punishment for workers E and a written application for non-prosecution of punishment is submitted.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;