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(영문) 대구지방법원 포항지원 2019.06.12 2019고단585
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The suspect in the facts charged is the representative of CJ in South-gu, Chungcheongnam-gu, Chungcheongnam-si, who has run a private teaching institute business using one full-time employee.

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 if special circumstances exist.

Nevertheless, on March 1, 2019, the Defendant did not pay KRW 13,746,570 of retirement allowances of retired workers D at the same place of business within 14 days from the date of retirement in which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

2. Grounds;

(a) Applicable provisions of Acts: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9;

(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. The withdrawal of the complaint including the expression of no punishment for victimized workers after the indictment of this case is filed

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