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(영문) 울산지방법원 2019.10.31 2019고단1666

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

The defendant is a representative director of Ulsan-gu, Ulsan-gu, who is engaged in a vessel processing business, employing 120 full-time workers.

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

Nevertheless, the Defendant, at the same place of business, worked from July 1, 2011 to September 30, 2018 at the above place of business, did not pay 1,049,028,140 won in total, including 25,508,024 won in the retirement allowances of retired workers D, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, as shown in the list of crimes in the attached Table.

2. Determination

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

B. A written agreement including the intention to not punish victimized workers after prosecution is filed with this court.

(c) Public prosecution dismissal: Article 327 subparagraph 6 of the Criminal Procedure Act;