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(영문) 창원지방법원 밀양지원 2019.08.20 2019고정25
근로자퇴직급여보장법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The gist of the facts charged is that the Defendant, as the president of a medical corporation C located in Gyeong-gun B, who was a person in charge of medical service operation with 75 regular employees.

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

Provided, That the date of payment may be extended by an agreement between the parties.

Nevertheless, the defendant works as a nurse from June 1, 2014 to January 31, 2018 at the above workplace.

6,219,075 won of retirement pay of retired D and 40,388,210 won in total, as shown in the annexed crime list, were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date for payment.

2. Determination

(a) Applicable provisions of Acts: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

C. According to each written agreement submitted around June 14, 2019 and July 16, 2019, which was after the prosecution of this case, the injured workers expressed their intention not to punish. D.

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

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