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(영문) 대전지방법원 2017.05.19 2017고단1033
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the employer as the representative director of Daejeon Pungdong-gu (State) D.

From July 23, 2015 to November 11, 2016, the Defendant did not pay KRW 3,205,766 of the retirement allowances of retired workers E in the said company within 14 days from the date of retirement, without any agreement on the extension of the payment date, while performing the work at the said company.

2. The judgment is a crime falling under Article 44 subparagraph 1 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's explicit intent. Since the victim expressed his wish not to punish the defendant after the indictment of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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