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(영문) 수원지방법원 2016.11.17 2016고정2035
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative in Suwon-si, Suwon-si B, is an employer who engages in Chinese restaurant business using seven full-time workers.

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 special circumstances.

Nevertheless, the defendant works in the above workplace.

D Retirement allowances of KRW 3,945,204 and retirement allowances of KRW 4,062,596 from June 10, 2014 to January 13, 2016 were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date between the parties.

2. Determination

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

B. On October 27, 2016, workers D, after the prosecution of this case, withdrawn the Defendant’s wish to punish the Defendant.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act

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