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(영문) 춘천지방법원 2013.07.09 2013고정349 (1)
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, in the facts charged, is a representative of C Co., Ltd. in Chuncheon City, who runs a construction business with five regular workers.

The Defendant was engaged in cleaning, etc. from August 1, 2006 to January 10, 2012 at the foregoing place of business, and did not pay KRW 5,000,000 of retirement allowances of retired workers D on January 11, 2012 within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The above facts charged are crimes falling under Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's express intent under the proviso to Article 44 of the same Act. According to the written agreement, etc. bound in the instant case, it is recognized that the employee D withdraws his/her wish to punish the defendant around July 3, 2013, which was after the institution of the instant prosecution. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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