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(영문) 광주지방법원 2019.07.18 2019고정390
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant is the actual manager of C in Seo-gu, Gwangju, and the said workplace from March 9, 2015 to November 5, 2018.

It is a violation of the Act on the Guarantee of Workers' Retirement Benefits that retirement benefits of 11,322,210 won of retirement allowances of D has not been paid within 14 days from the date of retirement without any agreement on the extension of the due date

2. Determination

(a) Crimes of non-violation of will: proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, subparagraph 1 of the main sentence, and Article 9 of the same Act

B. Declaration of non-existence of punishment: A written agreement on June 4, 2019 with respect to the defendant under the victim's name was submitted to this court after the prosecution of this case was instituted.

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

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