근로자퇴직급여보장법위반
All of the prosecutions of this case are dismissed.
1. The summary of the facts charged is that the Defendant is a representative of D Company at C (State) located in D Co., Ltd., who ordinarily employs 115 workers and operates a vessel processing business.
The Defendant did not pay 425,223,915 won, including 12,19,313 won of retirement pay of E-employee E who worked in contact with the above workplace from December 1, 2012 to February 28, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline, as stated in the details of unpaid money and valuables for each individual.
2. The facts charged in the instant case are the crimes falling under Article 44 subparagraph 1 of the Guarantee of the Retirement Benefits of respective workers, and cannot be prosecuted against the express will of the victimized workers pursuant to the proviso to Article 44 of the Guarantee of the Retirement Benefits of Workers.
However, according to the records of this case, each of the withdrawals (the withdrawals of the complaint) of the victimized workers to the effect that they do not want to be punished against the Defendant on June 12, 2017, which was after the prosecution was filed, was submitted, and the prosecution of this case is dismissed in entirety in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.