근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant, as the representative director of the Dongjak-gu Seoul Metropolitan Government (ju), is an employer who runs a construction business by employing 50 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 may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant worked for the period from June 1, 2012 to October 5, 2013 at the site of the Daejeon G Flooding Corporation located in Seo-gu Daejeon, Seo-gu, Daejeon, and did not pay three retirement allowances totaling KRW 12,675,912, including three retirement allowances, including KRW 5,862,372, and KRW 14 days from the date of each retirement without agreement between the parties on the extension of the due date for payment. < Amended by Presidential Decree No. 23574, Jun. 1, 2012; Presidential Decree No. 23574, Jun. 1, 2012; Presidential Decree No. 23507, Jun. 21, 2014; Presidential Decree No. 23775, Jun. 1, 2012; Presidential Decree No. 23920, Oct. 12, 2014>
2. The above facts charged are crimes falling under Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's explicit intent under the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, the victims may recognize the facts that they expressed their intent not to punish the defendant to the court. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.