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(영문) 광주지방법원 2019.09.24 2019고단3029
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is from August 17, 2015 to April 13, 2018 at the place of business C, a defendant operated.

It is a violation of the Act on the Guarantee of Workers' Retirement Benefits, which provides that the retirement allowances of 5,345,337 won, which were retired, did not be paid within 14 days from the date of retirement without any agreement on the extension of the payment

2. Determination

(a) Crimes of non-violation of will: proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, subparagraph 1 of the main sentence, and Article 9 of the same Act

(b) Expression of intention not to punish: Submission of a written agreement on July 30, 2019, which states the victim's intention not to punish the defendant, after the prosecution of this case.

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

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