근로자퇴직급여보장법위반
The prosecution of this case is dismissed.
1. The Defendant, as the representative of C in both weeks, is an employer who has run a child-care center using full-time workers.
From August 5, 2009 to December 31, 2014, the Defendant did not pay KRW 5,955,461 of retirement pay to employees D who retired from the said workplace within 14 days from the date of his/her retirement without any agreement on the extension of the payment deadline between the parties.
2. The offense against which an indictment was instituted is an offense against the victim’s explicit intent (Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits). According to the written withdrawal of a complaint, the victim expressed his/her intention not to punish the Defendant on December 17, 2015, which was the date of the instant indictment.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.