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(영문) 인천지방법원 부천지원 2019.07.15 2019고단713

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant is the representative director of the (ju)C in Bupyeong-si, B and 7, who runs a service business by making use of seven regular workers.

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

The Defendant worked in the said workplace from November 12, 2009 to May 1, 2018, and did not pay KRW 28,369,739, and KRW 8,214,560 of retirement pay of E retired from office from February 10, 2015 to May 10, 2015 without any agreement between the parties on the extension of the due date for payment.

2. Applicable provisions of Acts to the facts charged for judgment: Cases where the punishment of workers is dismissed after the prosecution under the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act is instituted: Article 327 subparagraph 6 of the Criminal Procedure Act.