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(영문) 서울북부지방법원 2018.05.25 2018고정188
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of D in Jung-gu Seoul Metropolitan Government, who employs 7 full-time workers and operates a salary class business.

From July 21, 2013 to December 28, 2016, the Defendant did not pay 7,467,030 won of retirement pay to E to workers who retired from the said workplace within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties.

2. Determination

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

(b) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;

C. On May 3, 2018, after the prosecution of this case, submission to the court of withdrawal of a complaint containing an expression of intention not to punish E

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

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