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(영문) 울산지방법원 2013.11.07 2013고단2992
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

The Defendant is an employer who has employed four full-time workers in Ulsan-gu, Ulsan-gu, and operated a manufacturing business without a certain trade name. The Defendant was an employer. From December 14, 2010 to December 31, 2012 at the said place of business, the amount of KRW 2,768,110 of D’s retirement pay was not paid within 14 days from the date of retirement as of the date of the occurrence of the cause for payment without an agreement on the extension of the due date between the parties concerned.

The facts charged in this case cannot be prosecuted against the will expressed by the victim under the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, as those falling under subparagraph 1 of Article 44 or Article 9 of the same Act.

However, according to the records, it is recognized that the victim D has withdrawn his/her wish to punish the defendant on August 27, 2013, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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