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(영문) 서울중앙지방법원 2016.03.29 2016고정110

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

The Defendant is the actual representative of Seocho-gu Seoul Metropolitan Government C Company B located in Seocho-gu and employs two full-time workers.

Defendant 1 worked in the said workplace from February 17, 2010 to March 5, 2014, but did not pay 12,715,870 won of retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Judgment

(a) A case for which a public prosecution cannot be instituted against the victim's explicit intent (proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. Withdrawal of expression of intent to punish the victim after the indictment of this case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)