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(영문) 서울중앙지방법원 2018.05.16 2017고정3828
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative in Jongno-gu Seoul Metropolitan Government C, is a user who ordinarily employs four workers and operates a restaurant.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay 10,67,390 won of retirement allowances to D workers who retired from the above workplace within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned.

2. Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers with Reasons for Dismissal of Public Prosecution; Article 327 Subparag. 6 of the Criminal Procedure Act [a letter of intent of the victim’s non-performance of disposition on April 25, 2018];

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