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(영문) 수원지방법원 성남지원 2014.06.11 2014고정346

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of C (ju) in Songpa-gu Seoul Metropolitan Government, is an employer who manages multi-family housing, is working for the Defendant from December 1, 2009 to August 31, 2013 as the managing staff of the D building in Seongbuk-gu Seoul Metropolitan City.

Retirement pay 3,580,031 won of retirement pay of retired E was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act and cannot be prosecuted against the victim's express intent. Since the victim expressed his wish not to punish the defendant after the institution of the instant indictment, the prosecution in the instant case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.