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(영문) 서울동부지방법원 2016.06.23 2016고단1461
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of Songpa-gu Seoul Metropolitan Government 2nd floor C (main) in building B, runs the cosmetic wholesale and retail business using three full-time workers.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 2,540,078 of retirement allowances retired from the said workplace within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, while working from October 1, 2014 to November 14, 2015.

2. Determination

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

B. On April 14, 2016, after the institution of the instant indictment, workers D submitted an agreement containing his intention to not punish the Defendant.

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

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