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(영문) 의정부지방법원 고양지원 2016.09.20 2016고단1882
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Dispute Resolution Co., Ltd. in Pakistan-si, who employs approximately 80 full-time workers and operates the manufacturing industry.

The Defendant, at the same workplace around May 30, 2016, did not pay KRW 47,601,550 in total, for six employees, as indicated in the list of crimes in the attached Table, including KRW 9,179,420, to employees D, who were employed from around August 22, 2012, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

2. Determination:

(a) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;

B. The expression of intention not to punish: Each petition that the employee stated in the facts charged does not want the punishment to the accused after the indictment of this case is submitted to the court.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act

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