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(영문) 울산지방법원 2016.08.09 2016고단1592

근로자퇴직급여보장법위반

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All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of C in Ulsan-gu, Nam-gu, the 14 full-time workers run the plant manufacturing business, and C closed down on April 30, 2015.

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

Nevertheless, the Defendant did not pay KRW 12,278,051, which was retired from the Defendant’s service at the said workplace from November 1, 2011 to March 20, 2015, in total, KRW 56,873,293 of the six employees, as shown in the list of crimes in the attached crime list, within 14 days from the date of retirement, which is the date when the cause for payment occurred, without agreement between the parties on the extension of the payment deadline.

2. On July 25, 2016, the victims expressed their intention not to be punished after the prosecution, which is the crime of non-violation of intention. Thus, all of the prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.