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(영문) 전주지방법원 2014.11.14 2014고정806
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the (D) Special Metropolitan City (D) Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City

When a worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant works in the above workplace from October 12, 2004 to June 30, 2013.

The retirement allowance of 21,568,000 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. In light of the determination, the crimes falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the express will of the victim under the proviso of Article 44 of the same Act.

However, according to the records of this case, D has withdrawn his/her wish to punish the defendant on October 22, 2014 after the institution of the prosecution of this case. Thus, D is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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