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(영문) 서울서부지방법원 2015.07.24 2015고단1416
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of Mapo-gu Seoul Metropolitan Government, is an employer who runs food service business using two regular workers.

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 if special circumstances exist.

Nevertheless, the defendant is working from May 20, 209 to September 22, 2014 at the above workplace.

The retirement allowance of retired workers D was not paid 5,470,332 won within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

2. Crimes of non-compliance with judgment: Rejection of public prosecution for the accused after an indictment under the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act is instituted: Subparagraph 6 of Article 327 of the Criminal Procedure Act.

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