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(영문) 수원지방법원 안산지원 2018.09.19 2018고정539
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the DNA representative director located in C, was operating a manufacturing business (gold production) with three full-time workers at the time of Si interest, and the Defendant did not pay KRW 6,640,112 of the retirement allowance of workers E, who were in charge of gold production from May 6, 2015 to January 20, 2018 at the same place of business, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. The determination is a crime falling under Article 44 subparag. 1 or 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s express intent pursuant to the proviso to Article 44 of the same Act. Since the victim expressed his/her intention not to be punished against the defendant around September 3, 2018, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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