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(영문) 수원지방법원 안산지원 2015.12.10 2015고정1499
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of C in light of the facts charged, is an employer who runs metal-organic manufacturing business using 14 full-time workers.

The Defendant did not pay retirement allowances of 5,86,885 won to D workers who provided labor at the aforementioned workplace from January 20, 2010 to October 10, 2012, and retirement allowances of 3,744,728 won to D workers who provided labor at the aforementioned workplace from May 20, 2013 to September 20, 2014, within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date.

2. Determination

(a) Crimes of non-violation of will: proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On December 10, 2015, after the instant indictment, a retirement allowance payment agreement containing an employee’s intent not to have the Defendant punished is submitted.

Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.

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