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(영문) 서울남부지방법원 2013.10.21 2013고정2049
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The gist of the facts charged is that the Defendant is the representative of D Co., Ltd. located in Gangseo-gu Seoul Metropolitan Government 807 and runs cargo transport brokerage business using six full-time workers.

The Defendant is working in the foregoing workplace from January 14, 2012 to January 25, 2013.

The retirement allowance of retired E was not paid KRW 2,330,130 within 14 days from the date of the occurrence of the cause for payment.

2. The facts charged are crimes falling under Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the employee's explicit intent under the proviso of the same Article. On October 21, 2013, which is the third trial date of the instant case, the said employee expressed his/her intent not to punish the Defendant, and thus, the prosecution of the instant case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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