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(영문) 창원지방법원 통영지원 2017.02.13 2016고단376

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of C Co., Ltd. located in B at the time of the charge, who ordinarily employs more than 16 workers and operates a vessel processing business.

The Defendant, from March 11, 2013 to April 21, 2015, worked as piping hole in the above workplace and did not pay KRW 35,379,550 in total for six employees, as stated in the attached crime list, as well as KRW 7,339,810 of retirement allowances D of retired workers on April 21, 2015, within 14 days from the date of each retirement without any agreement on the extension of payment period between the parties concerned.

2. Determination and conclusion

(a) Applicable law: the main sentence of Article 44 of the Guarantee of Retirement Benefits for Workers, and Articles 44 and 9 of the same Act;

(b) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;

C. A written agreement is submitted to the effect that the relevant worker does not want to be punished for the defendant after the institution of the prosecution (D: the written agreement on February 8, 2017, which was concluded on January 10, 2017, and signed on January 10, 2017)

D. Judgment dismissing a public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparag. 6 of the Criminal Procedure Act or more.