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(영문) 부산지방법원 동부지원 2015.12.17 2015고단2297

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who has operated five full-time workers C in Yangsan-si.

From June 25, 2013 to June 30, 2015, the Defendant has worked in the above C.

Without agreement between the parties on the extension of the due date, two employees including the retirement allowances of foreign workers D, 3,62,769 won, E retirement allowances of foreign workers of the foreign workers of the nationality of Sri Lanka, including 3,682,769 won, and 3,390,275 won, were not paid within 14 days from the date of retirement.

2. The facts charged of 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 victim's explicit intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, since two foreign workers have withdrawn their wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.