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(영문) 대구지방법원 2015.08.20 2015고정131
근로자퇴직급여보장법위반
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The summary of the facts charged in the instant case is an individual building business operator located in Daegu Suwon-gu C, who employs ten full-time workers and engages in personal building business.

The Defendant, at the foregoing place of business, worked from May 10, 2007 to January 19, 2012, again, worked from August 5, 2012 to August 9, 2014, and served as retirement allowance of D 16,473,630 won, and from October 24, 2012 to June 19, 2014, and did not pay KRW 20,190,750 in total, including retirement allowance of E, 3,717,120, and 20,120 won, within 14 days from each retirement date, without any agreement between the parties on the extension of the payment date.

2. Determination

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

B. On August 20, 2015, after the institution of the instant indictment, submission of a written agreement stating that workers do not want punishment against the Defendant.

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

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