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(영문) 인천지방법원 2015.03.26 2015고단351

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who operates a mobile phone manufacturing business with 11 regular workers as a manager of the D Company located in Seo-gu Incheon Metropolitan City.

The Defendant, at the same place of business, worked from December 10, 2012 to May 31, 2014, and did not pay the retirement allowances of 1,740,582, including 11,351,687 workers, as shown in the attached Form, within 14 days from each date of retirement, as well as 1,740,582, retired from office.

2. Each of the facts charged of this case is a crime falling under Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. Since the withdrawal of the petition by the victims who expressed their intention not to punish the defendant after the indictment of this case, and the agreement was submitted to this court, the prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.