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(영문) 의정부지방법원 고양지원 2017.05.26 2017고단1029

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

Punishment of the crime

The defendant is a user who operates a construction business (in person theme) by employing five full-time workers as the representative director of the Co., Ltd. in the case of Pakistan-si.

When a worker retires, an employer shall pay a retirement allowance within 14 days from the date of his/her retirement.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 25,313,083, including KRW 7,246,187 of D retirement pay, which he/she worked in the above workplace from January 2, 2013 to November 25, 2016, within 14 days from each retirement date without an agreement between the parties on the extension of payment period, as shown in the list of crimes in the attached Table.

Judgment

In the case of the crime of non-violation of Intention: dismissal of a public prosecution where the worker expresses his intention not to punish the defendant after the prosecution of this case under Article 109(2) of the Labor Standards Act: Article 327 subparag. 6 of the Criminal Procedure Act