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(영문) 대전지방법원 2018.01.23 2016고정1593

근로자퇴직급여보장법위반

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All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is the representative of Seo-gu Daejeon, Seo-gu, Daejeon and 101 (ju)C, who ordinarily employs seven workers and operates electrical construction business.

Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant served in the said workplace from July 1, 2013 to July 5, 2016 and served as retirement pay of D 7,742,650 won on the following day, from November 1, 2011 to July 5, 2016, and used as retirement pay of E retirement pay of 12,018,340 won on the following day, from October 18, 2012 to July 5, 2016, and did not pay 29,670,970,970 won for the extension of the payment date of F retirement pay of 29,980 won on the following day to July 5, 2016, respectively, without agreement between the parties concerned.

2. Determination

(a) Crimes of non-violation of will (proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. Expression of intention not to punish all workers after the prosecution of the instant case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)