logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.10.01 2019고단2766
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a medical corporation in Seo-gu, Gwangju, which ordinarily employs 50 workers and operates a hospital as the representative of the Dental Care Foundation D Hospital.

When a worker retires, the employer shall pay retirement allowances within 14 days from the date when any cause for such payment occurred, unless the time limit for payment is extended by agreement between the parties concerned.

Nevertheless, the defendant works in the above workplace from February 12, 2016 to August 31, 2018.

The retirement allowance of retired workers E was not paid 4,632,210 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The above facts charged are crimes falling under subparagraph 1 of Article 44 or Article 9 of the Guarantee of Workers' Retirement Benefits Act, and may not be prosecuted against the victim's explicit intent under the proviso to Article 44 of the same Act.

However, according to the records, it is recognized that the victim submitted a written withdrawal of complaint on July 29, 2019, which was after the prosecution of this case, and withdrawn his/her wish to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

arrow