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(영문) 인천지방법원 2015.08.17 2015고정2396

근로자퇴직급여보장법위반

Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the user who runs the PED manufacturing business using five regular workers as the representative director in Seo-gu Incheon, Seo-gu, Incheon.

The Defendant, at the above workplace from July 1, 2012 to April 29, 2015, was serving as retirement allowance of D, who retired from office, and paid KRW 20,857,232, including KRW 8,463,93, and KRW 20,857,232, as shown in the attached Form, within 14 days from each retirement date, without any agreement between the parties on the extension of the payment date.

2. Determination

(a) Crimes of non-violation of will: proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On August 10, 2015, after the institution of the instant indictment, submission of a written withdrawal of the complaint stating that workers do not want punishment against the Defendant.

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