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(영문) 대전지방법원 천안지원 2016.07.22 2016고단951

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The suspect of the facts charged is the C representative Co., Ltd. in Nam-gu, Nam-gu, Nam-gu, Seoul, who is engaged in the manufacturing of lighting fixtures with twenty full-time workers.

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

Provided, That in special circumstances, the payment deadline may be extended by mutual agreement between the parties.

Nevertheless, the suspect did not pay 23,917,785 won of D's retirement allowance from February 20, 2006 to May 31, 2015 at the same place of business within 14 days from the date of retirement without any agreement between the parties on the extension of the date.

2. Determination

(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)