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(영문) 의정부지방법원 2013.03.28 2013고정662
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the Defendant, as the representative of the company B in South Yangyang-si, who runs a manufacturing business using six full-time workers.

The Defendant is working in the foregoing workplace from April 7, 2004 to June 30, 2012.

12,585,760 won of retirement allowance for retired workers C was not paid within 14 days from the date of retirement without an agreement on extension of the payment date between the parties, even though there is no special circumstance.

2. The facts charged in the instant case are the crimes falling under Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under the proviso to Article 44 of the same Act. According to the letter of withdrawal of complaints and the written agreement bound in the trial records, it can be acknowledged that the worker C expressed his/her intention not to be punished against the defendant on January 29, 2013, which was after the institution of the instant prosecution. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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