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(영문) 수원지방법원 성남지원 2018.10.24 2018고정992

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the employer who is the representative in Gwangju City of Gyeonggi-do and operates a manufacturing business using eight full-time workers. The Defendant did not pay KRW 17,622,020 of D retirement allowances, which he/she worked for from August 20, 2012 to June 19, 2017, KRW 8,992,750 of E retirement allowances, and KRW 9,348,940 of F retirement allowances, who worked for the period from January 25, 2015 to June 19, 2017, and paid KRW 4,721,690 of G retirement allowances, including KRW 4,690 of retirement allowances, who worked for the period from September 5, 2014 to June 19, 2017 to June 19, 2015;

2. The facts charged in the instant case are the crimes falling under subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and are not prosecuted against the intent expressed by the victim pursuant to the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, on September 21, 2018, after the prosecution of this case, a statement of withdrawal of petition indicating the victim's intention not to have the defendant punished was submitted to this court, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.