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(영문) 의정부지방법원 2014.10.30 2014고정1719

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative of the Co., Ltd. Co., Ltd. in Namyang-si, who operates a female-class manufacturing business using 15 regular workers.

The Defendant did not pay KRW 4,683,590 of D retirement pay, which was worked as a product planning position from July 1, 2010 to September 6, 2013 at the same place of business, within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment of money and valuables.

Judgment

The above facts charged 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.

However, on September 15, 2014, after the prosecution of this case, the victim D withdrawn his wish to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.