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(영문) 인천지방법원 2015.05.07 2015고정1141
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a management owner of D real business in Jung-gu Incheon Metropolitan City, who runs a facility management business using 19 full-time workers.

When a worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 3,932,286 of E retirement pay, which was worked from March 1, 2012 to January 31, 2014 at the above workplace, within 14 days from the time when the cause for the payment occurred without agreement between the parties to 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 April 20, 2015, after the institution of the instant indictment, submission of a written agreement to the effect that workers E does not want punishment against the Defendant.

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

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