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(영문) 인천지방법원 부천지원 2017.08.17 2017고단1710

근로자퇴직급여보장법위반

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The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of C in Kimpo-si, who is a full-time employee engaged in the main manufacturing business by making use of his/her full-time employee, and the Defendant did not pay KRW 4,578,615 of his/her retired employee D retirement pay within 14 days from the date of his/her retirement without any agreement on the extension of the payment deadline.

2. Determination

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

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

C. On July 24, 2017, the filing of a petition on the same day as the purport that the above employee is not subject to punishment, which was subsequent to prosecution. D.

Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.