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(영문) 의정부지방법원 2015.04.30 2015고정309
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is the representative of the C Company in the Gyeonggi-si, and is an employer who runs the distribution business using one regular worker.

The Defendant did not pay KRW 2,889,840 of D retirement pay from April 23, 2013 to June 12, 2014 at the same place of business within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Judgment

This case is a crime falling under Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under the proviso of the same Article. Since victims withdraw their wish to punish the defendant after the prosecution of this case, the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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