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(영문) 서울남부지방법원 2013.07.24 2012고단4409

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of C in the third floor of Seocho-gu Seoul Metropolitan Government, who has been engaged in construction business with 200 full-time workers.

The Defendant did not pay the total amount of KRW 59,514,050 to 15 employees as stated in the attached Form’s statement of the amount of delayed payment, as well as the total amount of KRW 4,891,810 of retirement allowances to employees F, who worked in the field of new E construction work located in Yeongdeungpo-gu Seoul Metropolitan Government D from September 27, 2010 to April 12, 2012, 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 (Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act);

B. The victims' expression of non-existence of punishment after the prosecution of the case

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