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(영문) 의정부지방법원 2015.09.23 2015고단1895

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 the representative of the CFC in the sixth floor of the building B in South Yangyang-ju, who runs a private teaching institute business by employing eight full-time workers.

The Defendant did not pay KRW 7,157,420 of D retirement allowances working as an English instructor from April 2, 2012 to November 27, 2014 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. The case is a crime falling under Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's explicit intent pursuant to the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, since the worker D withdraws his/her wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.