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(영문) 인천지방법원 2014.10.23 2014고정2687
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the company C in Seo-gu Incheon, Seo-gu and A 102, who runs a manufacturing business using 13 full-time workers.

The Defendant had worked from January 9, 2009 to January 27, 2014 at the same place of business and had not paid KRW 6,845,801 of retirement allowances of D who retired from office within 14 days from the date of retirement, which is the cause of the occurrence of the payment, without an agreement between the parties on the 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However, according to the "Agreement" written in the trial records, it is recognized that the victim has withdrawn his wish to punish the defendant after the prosecution of this case.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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