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(영문) 인천지방법원 2019.03.15 2018고단7556

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the defendant as the representative director of the C Co., Ltd. located in Yeongdeungpo-gu Seoul Metropolitan Government, who runs a construction business using eight full-time workers

When a worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 17,619,609 of retirement allowances of workers E who worked from December 1, 2014 to April 30, 2018 at the site of the construction of the new D apartment in Jung-gu Incheon Jung-gu, Incheon, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

Judgment

Article 44 subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act: The crime of failing to punish an employee: On March 13, 2019, after a public prosecution is instituted pursuant to the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (Article 327 subparagraph 6 of the Criminal Procedure Act).