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(영문) 수원지방법원 2015.02.05 2015고정3
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a representative of C in the third floor of the building in Heung-gu, Gyeonggi-gu, which is an employer who runs a retail business with two regular workers.

The Defendant, at the same place of business, worked as a salesperson from April 18, 2012 to April 15, 2014, and did not pay KRW 1,349,015 of D retirement pay within 14 days from the date of retirement without an agreement between the parties on extension of the payment date.

2. The facts charged in this case are crimes falling under Article 44 subparagraph 1 or Article 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim's explicit intent under the latter part of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, according to the trial records, it is recognized that the victim has withdrawn his/her wish to punish the defendant on December 15, 2014, which was after the prosecution of this case.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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