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(영문) 전주지방법원 군산지원 2017.02.15 2016고정588
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the C representative director of the 3th floor of the previous building in the Gun/Si/Gun, employs 20 full-time workers and operates a construction business.

When a worker dies or retires, an employer shall pay a retirement allowance within 14 days after the date on which the grounds for such payment occurred, and in special circumstances, the payment date may be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant, who was employed from August 20, 2014 to October 13, 2015, did not pay 26,686,678 won in total for two employees, including D’s retirement pay 4,690,280 won, and from July 1, 2010 to November 12, 2015, as retirement pay for E, including 21,996,398 won, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

2. Determination

(a) Applicable law: the main sentence of Article 44 of the Guarantee of Retirement Benefits for Workers, and Articles 44 and 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. On January 31, 2017, the workers of the Navy submitted a written agreement that they would not want punishment against the defendant.

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

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