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(영문) 인천지방법원 부천지원 2017.08.10 2017고단1648
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant is the representative director of D, a manufacturing company, such as Chocheon-si C 303 and 208, engaged in manufacturing business using full-time workers; (b) the Defendant worked in the above workplace and did not pay KRW 5,254,740 of E retirement pay of retired workers around February 10, 2017, within 14 days from the date of the above retirement without any agreement between the parties on the extension of payment period.

2. Determination

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

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

C. Around June 26, 2017, a public prosecution had been instituted on the same day and submission of a written application for punishment to the above worker.

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

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