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(영문) 창원지방법원 2015.02.11 2014고정1538
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the C company in Kimhae-si B, who ordinarily employs nine workers and operates a manufacturing business of shipbuilding machinery and materials.

The Defendant worked in a production position from May 17, 201 to April 15, 2014 at the same place of business, and worked in a foreign worker D retirement allowance of Chinese nationality from March 19, 2013 to April 30, 2014 at the same place of business, and did not pay 11,491,854 won, including two retirement allowances of foreign workers E of Chinese nationality from March 19, 2013 to April 30, 2014, in total, 11,491,854 won, including retirement allowances of foreign workers E of Chinese nationality, and did not pay it within 14 days from the date of each retirement without agreement on extension of each due date.

2. We examine the judgment. Each of the facts charged in the instant case is a crime falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim's express intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, it can be acknowledged that the victims have withdrawn their wish to punish the Defendant on December 29, 2014, which is after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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