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(영문) 인천지방법원 2014.06.23 2014고정1999
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is operating a hospital as joint representatives of the E Hospital located in C and the Nam-gu Incheon Metropolitan Government from around 2001 to April 30, 2012.

From May 1, 2012, a person who has operated a hospital as the sole representative of the above E Hospital.

From November 23, 2006 to July 11, 2012, the Defendant did not pay KRW 11,150,130 of the victim F's retirement allowances from the above hospital within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The facts charged in this case are crimes falling under Article 44 subparagraph 1 or Article 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim's explicit intent under the latter part of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, according to the "Agreement" written in the trial records, it is recognized that the victim has withdrawn his wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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