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(영문) 창원지방법원 통영지원 2016.03.08 2016고단82
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the Co-C in the facts charged, is a full-time worker who runs a vessel processing business with 130 full-time workers.

The Defendant, from around December 10, 2012 to December 31, 2014, worked in contact with the company from around December 10, 2012, and did not pay KRW 2,229,690, which was the part of D’s retirement pay after July 1, 2014 among D’s retirement pay, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline.

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) Expression of intention not to punish: Withdrawal of complaints filed on January 27, 2016, which was after the institution of public prosecution of this case.

D. Judgment dismissing a public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparag. 6 of the Criminal Procedure Act or more.

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