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(영문) 서울북부지방법원 2016.05.26 2015고정1551
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs a general restaurant business using four full-time workers in Seoul Special Metropolitan City, Nowon-gu, Seoul Metropolitan City, 104.

From February 27, 2010 to June 20, 2014, the Defendant did not pay KRW 7,652,730 of retirement pay to retired workers C within 14 days from the date of his/her retirement without any agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are crimes falling under Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s express intent under the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. Since C has withdrawn his/her wish to punish the Defendant after the prosecution of the instant case, the prosecution of this part is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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