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(영문) 서울중앙지방법원 2019.05.22 2019고단1399
근로자퇴직급여보장법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant in the facts charged is the representative director of C of a stock company in Gangnam-gu Seoul Metropolitan Government, who runs a ice cream sales business using 13 regular workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from September 16, 2015 to June 29, 2018, did not pay retirement allowances of KRW 6,760,093 as well as KRW 16,584,010 as well as KRW 16,584,010 as stated in the separate crime list, within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

2. Judgment dismissing public prosecution;

(a) Applicable provisions of Acts: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9;

(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On February 8, 2019, after the institution of public prosecution, the withdrawal of petition stating the employee E’s intention not to punish, and on May 15, 2019, the employee D and F’s application not to punish were submitted, respectively.

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

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