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(영문) 창원지방법원 2014.01.08 2013고정1494

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a business owner who operates an plant shipbuilding equipment manufacturing business by ordinarily employing 15 workers in the trade name of the company within the 3 factory in Changwon-si, Sungwon-si, Changwon-si, the Co., Ltd. in C.

The Defendant is working for production in the foregoing workplace from May 10, 201 to October 10, 2012.

The retirement allowance of 2,626,380 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. We examine the judgment. The facts charged of this case are crimes falling under Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. The records show that the victim has withdrawn his/her wish to punish the defendant after the institution of the case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.