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(영문) 서울서부지방법원 2020.10.15 2020고단2956

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Mapo-gu Seoul Metropolitan Government building B and D located in subparagraph c, is an employer who ordinarily employs one worker and operates an advertising system.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from June 1, 2012 to October 11, 2019 at the above workplace.

The retirement allowance of retired workers E was not paid 19,369,020 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The judgment is a crime falling under Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. Since the victim expressed his/her intent not to punish the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.