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(영문) 인천지방법원 부천지원 2018.01.18 2018고단34

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of Section C located in Bupyeong-si, and the employer who runs a communications agency business using full-time workers. On April 1, 2016, the Defendant did not pay KRW 13,545,264 of the retirement pay balance of the D retirement pay of retired workers around April 1, 2016, within 14 days from the date of the above retirement without any agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

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

C. On December 1, 2017, after filing a prosecution, a written self-agreement on November 30, 201, stating the victim's intent not to punish the defendant. D.

Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.