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(영문) 수원지방법원 2018.04.26 2017고단8242
근로자퇴직급여보장법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is an employer who operates a metal assembly, processing, and installation company with the trade name of “(ju)C” in the Sungsung City.

The Defendant was working for the said workplace from February 1, 2009 to May 31, 2017, and was employed for the employee D’s retirement pay of KRW 23,006,936, March 22, 2007 to May 31, 2017, and was employed for the employee E’s retirement pay of KRW 27,146,078, and from August 1, 2007 to December 31, 2016, the employee F’s retirement pay of KRW 35,479,546, total three retirement allowances of the retired employee, including KRW 85,632,56, and KRW 560, respectively, within 14 days, without an agreement on extension of the payment date.

2. The facts charged in the instant case are the crimes falling under Article 44 subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for respective workers, and an indictment may not be instituted against the intent expressed by the victim under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, victims E, D, and F may recognize the fact that they have withdrawn their intent to punish the defendant after the prosecution of this case was instituted.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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