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(영문) 서울서부지방법원 2017.04.14 2017고단567
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who employs 7 full-time workers as the representative of “C cafeteria” in Seoul, and operates a restaurant.

The Defendant did not pay KRW 3,872,840 of D retirement pay, which was retired from office from November 1, 2014 to May 31, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the day of payment.

2. Determination and conclusion

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

(b) Crimes of non-violation of will: proviso to Article 44 of the Guarantee of Retirement Benefits of Workers.

C. Submission of a written withdrawal of complaint after the prosecution of this case was instituted

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

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