근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged in the instant case is an employer who is a manager of the “C cafeteria” located on the first floor of Songpa-gu Seoul Metropolitan Government building B and has operated a restaurant using five regular workers.
The defendant who entered the above workplace on April 28, 2012 and works until May 18, 2013.
A retired employee's retirement allowance of KRW 1,780,300 has not been paid 14 days after the date of retirement, which is the date on which the grounds for such payment occurred, without an agreement between the parties to the extension of the payment.
2. According to the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, a public prosecution against a crime violating Article 9 of the Act on the Guarantee of Workers' Retirement Benefits cannot be instituted against the victim's express intent. According to the records of this case, it is apparent that the worker D withdraws his/her wish to punish the defendant after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article