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(영문) 인천지방법원 2015.09.03 2015고정2448

근로자퇴직급여보장법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a C manager of the second floor of the building in the Namdong-gu Incheon Metropolitan City, who employs three full-time workers and operates a computer game room.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

The Defendant had worked from April 18, 201 to May 17, 2013, and had not paid KRW 2,893,890 of D retirement pay within 14 days from the date of retirement.

2. Determination

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

B. On August 20, 2015, after the institution of the instant indictment, submission of a written agreement to the effect that workers D does not want to punish the Defendant.

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