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(영문) 광주지방법원 순천지원 2015.12.30 2015고단2077 (1)
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a user who has been engaged in the automobile maintenance business with ten full-time workers as the (10) D representative director located in Gwangjuyang-si, Jeonyang-si.

The defendant shall work in the above workplace from March 2, 2009 to May 19, 2015.

Retirement allowances of retired workers E, 14,856,420 won, and from June 1, 2008 to February 28, 2015, shall work in the same workplace.

The retirement allowance of the retired worker was not paid KRW 17,856,420 within 14 days from the date of each retirement without any agreement on the extension of the due date.

2. The above facts charged are crimes falling under Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's express intent under the proviso to Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, the victim E withdraws his/her wish to punish the defendant on December 14, 2015 after the prosecution of this case, and the victim F, on December 14, 2015 after the prosecution of this case.

Therefore, the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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