Text
The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that (a) C business owner in Chungcheongnam-gun, Chungcheongnam-gun, who runs a manufacturing business with 31 full-time employees.
When a worker retires, the employer shall pay the retirement allowance within 14 days from the date of retirement.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is working from October 1, 1998 to December 31, 2015 at the above workplace.
The retirement allowance of 25,845,300 won was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
2. The facts charged in this case are crimes falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the employee's explicit intent pursuant to the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, since the employee D expressed his/her intention not to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.