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(영문) 서울북부지방법원 2014.04.08 2013고정2877

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the Seoul Jung-gu Seoul Special Metropolitan City, Nowon-gu D building 812 around April 2013, operates an educational project with 25 full-time workers.

Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date when the cause for such payment occurred, but the Defendant was working in the above workplace from February 28, 201 to February 28, 2013, and did not pay 1750,000 won of the F's retirement allowance of the retired employee within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

2. On April 8, 2014, after the institution of the instant public prosecution, the facts charged constitute the crime of non-compliance under the proviso of Article 44(1) of the Guarantee of Workers' Retirement Benefits Act. As the employee F withdraws his/her wish to punish the Defendant on the same day, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.