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(영문) 창원지방법원 2019.07.17 2019고정307
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a business owner who ordinarily employs nine workers as the representative of C in Gyeongnam-si Kimhae-si, and operates vessel parts manufacturing business.

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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from December 18, 201 to August 16, 2018 at the above workplace.

The retirement allowance of 14,099,612 won was not paid within 14 days from the date of retirement, which is the date on which the grounds for payment occurred, without any agreement between the parties on the extension of the due date.

2. The facts charged in this case, which are crimes falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, may not be prosecuted against the will expressed by the victim under the proviso to Article 44 of the same Act;

However, according to the records, it is recognized that employee D submitted a written withdrawal of complaint to the effect that he/she did not wish to punish the defendant on July 9, 2019, which was after the prosecution of this case, after the prosecution of this case, and therefore, this part of the indictment against the defendant is dismissed pursuant to Article 327

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