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(영문) 서울남부지방법원 2019.03.20 2019고정129

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative C in Guro-gu Seoul Metropolitan Government, did not pay KRW 9,780,713 of the retirement allowances of D who retired from his/her place of business within 14 days from the date of his/her retirement, while serving from March 1, 2015 to March 15, 2018 at the said place of business.

2. Grounds for dismissing the public prosecution; and

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

(b) Declaration of non-existence of punishment after prosecution: A written application for non-performance of punishment filed on January 22, 2019 with D submitted on January 21, 2019

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