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(영문) 광주지방법원 2018.06.21 2018고정233
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who runs restaurant business using four full-time workers as a representative of D points located in Gwangju Mine-gu C.

The Defendant did not pay KRW 3,077,758 of the victim E’s retirement allowance to a person who retired from his/her service while serving from January 25, 2016 to May 21, 2017, within 14 days from the date of his/her retirement without an agreement on the extension of the payment deadline.

2. The judgment is a crime falling under Article 44 subparagraph 1 or 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's explicit intent pursuant to the proviso to Article 44 of the same Act. According to the agreement withdrawn on May 25, 2018 by the defense counsel, it is recognized that the injured party after the prosecution of this case has withdrawn his/her wish to punish the defendant.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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