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(영문) 청주지방법원 2016.08.31 2016고정150
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged of this case is the representative of D Co., Ltd. in Jincheon-gun, Jincheon-gun, who ordinarily employs 25 workers and engages in the manufacturing industry.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the Defendant, from April 11, 2005 to April 30, 2015, did not pay 22,117,491 won of retirement allowance to E who worked in the said workplace from around April 11, 2005 to around April 30, 2015 within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. The facts charged of this case are crimes falling under the main sentence of Article 44 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits and cannot be prosecuted against the employee's explicit intent under the proviso of Article 44 of the same Act. The documents submitted to this court to the effect that the employee E withdraws the criminal complaint against the defendant after the indictment of this case was filed, and it is reasonable to view this as the expression of intention not to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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