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(영문) 수원지방법원 2017.08.28 2017고단4757

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 of the Co., Ltd. Co., Ltd., which is located in C, who ordinarily employs twelve workers and operates a manufacturing business.

The Defendant did not pay KRW 14,92,601 of D’s retirement pay to 15 workers within 14 days from the date of retirement, as described in the list of crimes in the attached Form, including that the Defendant did not pay KRW 133,595,582 to 15 workers within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties, while working in the said workplace from January 8, 201 to April 10, 2017.

2. Determination:

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 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. After the prosecution of this case, a written agreement that workers do not want the punishment of the defendant is submitted.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;