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(영문) 창원지방법원 마산지원 2019.08.30 2019고정212

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative director of C in Changwon-si, Changwon-si, who ordinarily employs two workers and operates mobile phone sales business.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred: Provided, That in special circumstances, the date of payment may be extended by mutual agreement between the parties concerned.

Nevertheless, the defendant is working in charge of sale from October 1, 2017 to April 30, 2019 at the above workplace.

3,676,743 of retirement allowances of retired D was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date

2. On August 29, 2019, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, Article 327 subparag. 6 of the Criminal Procedure Act, where the judgment worker withdraws his/her intent to punish.