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(영문) 서울남부지방법원 2016.07.20 2016고정722

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is a person who runs a restaurant business using six full-time workers as a director and real manager of the inside company E in the third floor of the D building located in Yeongdeungpo-gu Seoul Metropolitan Government.

Defendant did not pay KRW 3,766,970 of retirement allowances of F retired workers at the same place of business from November 7, 2011 to May 31, 2014, within 14 days from the date of such retirement without any agreement on the extension of payment deadline.

2. Article 44 subparagraph 1 and Article 9 of the Guarantee of Retirement Benefits for Workers with Reasons for Dismissal of Public Prosecution; Article 327 subparagraph 6 of the Criminal Procedure Act (the victim's legal testimony on July 20, 2016)