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(영문) 의정부지방법원 2014.02.06 2014고정7
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a C representative in the Council-si B, who ordinarily employs five workers and operates a fishery product processing business.

The Defendant did not pay KRW 3,102,380, the sum of money and valuables, such as retirement allowances of KRW 2,056,870, and KRW 1,045,510, and KRW 3,102,380, to D who worked in production service from March 3, 201 to February 17, 2013, as retirement allowances of KRW 2,056,870, from July 4, 2011 to July 20, 2012, to E, without agreement between the parties on the extension of the payment deadline between the parties concerned.

2. The facts charged in the instant case are crimes falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, for which each victim cannot institute a prosecution against the express intent under the proviso to Article 44 of the same Act. According to the statement of withdrawal of each authentic statement (Complaint) bound in the trial records, etc., the facts can be acknowledged that the employee D and E expressed their intent not to seek punishment against the defendant on January 3, 2014, which is after the institution of the instant prosecution. Thus, the prosecution of the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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