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(영문) 창원지방법원 2013.11.15 2013고정657
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a business owner who runs the comprehensive repair business of motor vehicles by employing seven full-time workers as the representative of D in Jinhae-gu, Jinhae-si C.

The defendant works as a maintenance engineer from August 8, 2002 to October 24, 2012 at the above workplace.

The retirement allowance of the retired E was not paid 18,53,940 won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. We examine the judgment. The facts charged of this case are crimes falling under Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's explicit intent under the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. The records show the fact that the victim has withdrawn his/her wish to punish the defendant on November 5, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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