CONTENTS
- 1. Background to the Request for Assistance from the Corporate Law Specialist Attorney
- - Progress of the Case and Legal Issues
- 2. The Core Assistance Provided by the Corporate Law Specialist Attorney
- - Substantive Negotiation to Reach a Settlement With the Affected Worker
- - Preparation of a Written Document Recognized as Effective in Criminal Proceedings
- - Composition of the Legal Reasoning and Presentation of Opinion for a Judgment of Dismissal of Prosecution
- 3. Result of the Corporate Law Specialist Attorney's Assistance, “Dismissal of Prosecution“
- 4. The Employee Retirement Benefit Security Act as Explained by the Corporate Law Specialist Attorney
- - The Deadline for Paying Severance Pay and the Punishment Provisions
- - A Crime Not Punishable Against the Victim's Will, and Why a Settlement Is Important
- 5. Why the Assistance of a Corporate Law Specialist Attorney Is Necessary
1. Background to the Request for Assistance from the Corporate Law Specialist Attorney
The client in this case, who sought out the corporate law specialist attorney, was the representative who runs a domestic company, and faced criminal proceedings on the ground that severance pay was not paid within the statutory deadline after the worker's retirement.
A complaint regarding the delay in paying severance pay was filed with the Labor Office, and an investigation was commenced as a result, ultimately leading to the institution of prosecution, so that the case had advanced to the formal criminal trial stage.
The client determined that, in that this was a matter that could go beyond a simple labor dispute to raise an issue of criminal liability, the assistance of a corporate law specialist attorney with abundant experience in related cases was necessary.
Progress of the Case and Legal Issues
This case had a structure in which the possibility of criminal punishment was difficult to exclude, in that the amount of severance pay was considerable and there was no clear written agreement regarding an extension of the payment deadline.
Even after the trial commenced, the dispute between the parties had not been completely resolved, and the ripple effect on the overall operation of the company in the event of a finding of guilt was also not insignificant.
Accordingly, the client requested assistance from the corporate law specialist attorney in order to seek a means of substantively concluding the case at the trial stage.
A trial is the stage in which, based on the prosecution instituted by the prosecutor, the court determines the facts and legal liability through a public trial.
2. The Core Assistance Provided by the Corporate Law Specialist Attorney
This case was in a situation in which it was difficult to conclude the matter through a simple plea for leniency, in that prosecution had already been instituted after going through a complaint to the Labor Office and the trial had even commenced.
A case related to the non-payment of severance pay is a type in which the continuation of criminal proceedings may differ depending on the express intent of the victim, and the key was that a judgment of dismissal of prosecution is possible if a settlement is reached.
Accordingly, rather than concentrating on a defense logic premised on the possibility of punishment, the corporate law specialist attorney focused on designing the overall procedure so that a settlement would be reached in a direction that could conclude the case with a dismissal of prosecution.
Substantive Negotiation to Reach a Settlement With the Affected Worker
The corporate law specialist attorney organized the course of the settlement that had been discussed but not finalized, and then continued the negotiation centering on the remaining issues.
In this process, the attorney conducted the negotiation in a direction that would minimize the possibility of additional disputes by readjusting the amount of payment, the method of payment, and the scope of the settlement.
As a result, the affected worker clearly expressed the intent not to seek criminal punishment on the condition of an additional payment.
Preparation of a Written Document Recognized as Effective in Criminal Proceedings
After the settlement was reached, the corporate law specialist attorney determined that it was important whether that content could have effect in the trial.
Accordingly, the attorney refined the wording of the settlement agreement and the statement of non-desire for punishment to suit the criminal proceedings, and also supplemented the necessary attached materials.
Through this, the attorney ensured that the sincerity and finality of the settlement were clearly conveyed to the court.
Composition of the Legal Reasoning and Presentation of Opinion for a Judgment of Dismissal of Prosecution
The corporate law specialist attorney conducted a legal review, focusing on the fact that this case was a matter in which the maintenance of prosecution is limited according to the intent of the victim.
The attorney organized the opinion centering on the point that, once the victim's intent not to seek punishment had been lawfully submitted, the requirements for dismissal of prosecution were satisfied.
As a result, the attorney was able to assist so that the court could make a judgment that procedurally concluded the case.
3. Result of the Corporate Law Specialist Attorney's Assistance, “Dismissal of Prosecution“
The court comprehensively considered the following circumstances and pronounced a judgment of dismissal of prosecution in this case.
▷ The fact that, after the institution of prosecution, the affected worker reached a final settlement with the defendant and clearly expressed the intent not to seek punishment
Accordingly, the court determined, on the basis of Article 327, Item 6 of the Criminal Procedure Act, that the prosecution could not be maintained, and the client was able to conclude the case without the pronouncement of a sentence.
▶ Article 327 of the Criminal Procedure Act (Judgment of Dismissal of Prosecution)
In the following cases, a pronouncement of dismissal of prosecution shall be made by judgment.
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6. Where, in a case in which prosecution cannot be instituted against the express intent of the victim, an expression of intent not to seek punishment has been made or an expression of intent to seek punishment has been withdrawn
4. The Employee Retirement Benefit Security Act as Explained by the Corporate Law Specialist Attorney
The Employee Retirement Benefit Security Act imposes a clear obligation on the employer to pay retirement benefits within a certain deadline at the time of a worker's retirement.
If the deadline prescribed by law is exceeded, this may lead to criminal liability, so particular caution is required from the standpoint of a company.
The Deadline for Paying Severance Pay and the Punishment Provisions
According to Article 17, Paragraph 2 of the Employee Retirement Benefit Security Act, retirement benefits must in principle be paid within 14 days from the date of retirement.
If payment is delayed in the absence of a justifiable reason and an agreement between the parties, imprisonment for not more than three years or a fine not exceeding 30 million won may be imposed.
However, a violation of the Employee Retirement Benefit Security Act is prescribed as a crime not punishable against the victim's will, for which prosecution cannot be instituted against the express intent of the victim.
In other words, where the affected worker has clearly expressed the intent not to seek punishment, the criminal proceedings may be concluded with a dismissal of prosecution.
A Crime Not Punishable Against the Victim's Will, and Why a Settlement Is Important
When a complaint to the Labor Office or criminal proceedings arise due to the non-payment of severance pay, it is important to first confirm the following matters.
1. Confirmation of whether it constitutes a crime not punishable against the victim's will
If it is such a crime, the intent of the affected worker becomes the key factor that determines whether the criminal proceedings will proceed.
2. Review of the possibility and scope of a settlement
5. Why the Assistance of a Corporate Law Specialist Attorney Is Necessary
A case of non-payment of severance pay may be misunderstood as a simple monetary dispute, but in reality, if it expands into criminal proceedings, it can have a serious effect on the personal liability of the company's representative and on the overall operation of the company.
In such a matter, a strategic approach that comprehensively assesses the possibility of a settlement, the requirements for procedural conclusion at the trial stage, and the legal risk factors is essential.
Based on its experience with numerous corporate cases, this firm establishes tailored response strategies that simultaneously consider criminal liability, labor risk, and operational risk for the company.
In addition, the firm provides assistance suited to the situation throughout the entire process, from the initial investigation stage to the trial and settlement procedures.
If you face a similar situation, please review the structural risks of the case and the response strategy through a 🔗legal consultation reservation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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