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(영문) 창원지방법원 2020.09.23 2020고정419
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant is the representative of the CMedical Foundation in Gyeongnam-si Kimhae-si, who ordinarily employs 44 workers and operates a medical business (general hospital).

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 dietitian from April 12, 2010 to March 25, 2020 at the above workplace.

In the absence of an agreement between the parties on the extension of the due date of payment, the retired worker D did not pay 19,342,090 won within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment

2. Determination

(a) Crimes of non-performance of will (proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. After the prosecution of this case, the victim expressed his intention not to punish him (the receipt on September 17, 2020).

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);

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