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(영문) 서울중앙지방법원 2016.05.25 2016고정1208
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant had worked in his/her workplace from February 7, 201 to November 18, 2014, and the Defendant did not pay KRW 5,175,770 of the retirement allowances of retired workers B within 14 days from the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment deadline.

2. The above facts charged are the crimes falling under subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and are not prosecuted against the will expressed by the victim under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, on May 20, 2016, after the prosecution of this case was instituted, the victim's complaint revocation statement was submitted to the effect that the defendant does not want to be punished to this court. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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