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(영문) 대구지방법원서부지원 2020.10.07 2020고단1681

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the Defendant is an employer who runs a specialized construction business using at least 50 full time workers under the trade name of “stock company C” in Daegu-gu.

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

Nevertheless, the defendant is working in the above workplace from February 20, 200 to June 20, 2015.

67,540,202 of retirement allowances of retired workers D did not pay 67,540,202 won within 14 days from the date of retirement without any agreement between the parties on the extension of payment

2. Determination

(a) Applicable provisions of Acts: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9;

(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. The application for punishment was submitted after prosecution.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;