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(영문) 서울중앙지방법원 2020.01.15 2019고단5904
근로자퇴직급여보장법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant is an actual operator of “D” under subparagraph C of the Seoul Jung-gu Seoul Metropolitan Government building B, who conducts the clothing manufacturing business using five regular workers.

The Defendant did not pay KRW 17,931,203 of retirement allowances of Workers E, who were employed from August 8, 2011 to January 31, 2019, and KRW 8,000,030 of retirement allowances of Workers F, who were employed from October 14, 201 to January 31, 2019, within 14 days from the date of retirement without agreement between the respective parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9;

(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On January 14, 2020, after the institution of public prosecution, a written application for non-prosecution for the punishment of workers was submitted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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