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(영문) 수원지방법원 2018.07.05 2018고단2972
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs an educational service business under the trade name, which is, a private teaching institute B and C, when the facts charged are commercialized.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 6,483,933 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement on the extension of payment period between the parties, as the said workplace worked from January 2, 2015 to July 14, 2017.

2. The facts charged in the instant case are the crimes falling under the main sentence of Article 44 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and a public prosecution may not be instituted against the intent expressed by the victim under the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

According to the records, after the prosecution of this case, a statement of withdrawal of the complaint was submitted on April 25, 2018, which included the victim D's intent not to have the defendant punished further.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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