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(영문) 서울동부지방법원 2016.11.25 2015고정1338

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is an employer who runs a company D in Seongdong-gu Seoul Metropolitan Government and runs a motor vehicle repair business using ten regular workers.

The defendant shall work in the above workplace from August 1, 2009 to July 31, 2014.

Retirement allowances of retired workers E shall be 10,041,924 won, and shall be employed from February 9, 201 to July 31, 2014.

The 7,547,490 won in total of 17,589,414 won in retirement allowance of retired workers was not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. The victims submitted no written application for punishment after filing the prosecution of the instant case

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;