Text
The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged in the instant case is the representative of the C convalescent Hospital located in Ansan-si, Masan-si, which ordinarily employs 40 full-time workers and operates health business.
If an employer has unpaid contributions to a participant of a retirement pension plan at the time of the retirement of the participant of the defined retirement pension plan, he/she shall pay the contributions and interest accrued therefrom within 14 days from the date such cause or event occurs to the relevant participant's account of the defined retirement pension plan.
Nevertheless, the Defendant did not pay the amount of KRW 6,764,522 of the D retirement pension charges and interest on delay in the workplace from February 16, 2012 to April 20, 2015, the total amount of KRW 7,188,451 of the retirement pension and KRW 7,188,451 within 14 days from the retirement date.
2. The above facts charged constitute a crime falling under subparagraph 2 of Article 44 and Article 20(5) of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the intent expressed by the victim pursuant to the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
In doing so, on August 2, 2016, after the indictment of this case was instituted, the above victim expressed his wish not to punish the defendant, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.