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(영문) 창원지방법원 2019.10.22 2019고정466

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who is the representative of the building B at the window of Changwon-si, and the D cafeteria Corresponding shop located at the first floor C and has operated general food business by using three regular workers.

From August 10, 2004 to February 2, 2019, the Defendant did not pay KRW 15,921,760 of the retirement allowances of E that he/she retired from office, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. The facts charged in this case are the crimes falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the will expressed by the victim under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, since the victim E withdraws his previous wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.