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(영문) 수원지방법원 2014.06.18 2014고단2063

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged of this case is that "the defendant is an employer who employs 28 full-time workers as the representative in Gyeonggi-si B (the main owner) and operates the manufacturing industry, and is employed from March 15, 2008 to August 31, 2013 at the above workplace, and he did not pay 30,376,950 won in total for five employees as shown in the attached Form, including 5,334,270 won, within 14 days from the date of retirement without agreement on extension of the due date between the parties." This part of the facts charged of this case is an offense falling under subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, and it cannot be punished against the victim's will specified in the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, since it is evident that the above workers after the prosecution of this case expressed their intention not to punish the defendant, it shall be dismissed as per Disposition 6 of Article 327 of the Criminal Procedure Act.