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(영문) 의정부지방법원 2019.01.11 2018고단4987

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C representative in Gyeonggi-do, who is engaged in electronic commerce transactions with one full-time employee.

The Defendant did not pay KRW 2,952,472 of D retirement pay from October 3, 2016 to June 7, 2018 at the same place of business within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. Determination

(a) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) The employee shall express his/her intention not to punish him/her after institution of public prosecution;

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;