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(영문) 울산지방법원 2019.05.17 2019고단1155
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a user who runs transportation business using two full-time workers as the representative of the B apartment and individual cargo in heading C in Yangsan City.

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 in extenuating circumstances.

Nevertheless, the Defendant is working as a transport engineer in the above workplace from May 6, 2012 to December 31, 2018.

The retirement allowance of 15,484,662 won was not paid within 14 days from the date of retirement without any consultation between the parties on the extension of the due date.

2. The violation of the Act on the Guarantee of Workers' Retirement Benefits cannot be prosecuted against the express will of the victim under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

According to the records, on March 28, 2019, the prosecution of this case was submitted to this court on March 28, 2019 the "written withdrawal of complaint" with the content that "not wanting to be punished against the defendant."

This constitutes a case where there is an expression of intent not to punish a person under Article 327 subparagraph 6 of the Criminal Procedure Act, and thus, it is so decided as per Disposition as to the facts charged in this case.

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