근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The summary of the facts charged is the defendant as the representative director of C in the window B of Changwon-si, who runs a construction business with three full-time workers.
When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.
Nevertheless, the Defendant did not pay KRW 23,639,300 of D's retirement allowances that retired from the said workplace to April 30, 2017, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the payment deadline.
2. The crime of violating the Act on the Guarantee of Retirement Benefits for Workers Unpaid from the instant retirement allowance cannot be prosecuted against the express intent of the victim (the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits). Since it is apparent that the employee D expressed his/her wish not to punish the Defendant on October 22, 2018 after the instant indictment was filed, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.