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(영문) 서울동부지방법원 2014.10.29 2014고정1509

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative C Co., Ltd. in the second floor of the building in Gwangjin-gu Seoul Special Metropolitan City, is an employer who engages in construction business (themeology) by using 12 full-time workers. From November 2, 2010 to August 20, 2013, the Defendant is working in the above workplace.

4,639,984 of retirement allowances of retired D was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are crimes falling under Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act that cannot be prosecuted against the victim's explicit intent pursuant to the proviso to Article 44. Since the written agreement that the victim does not want the punishment was submitted to this court on October 21, 2014, the prosecution of the instant case was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.