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(영문) 인천지방법원 부천지원 2018.08.09 2018고정379
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C practical management owner located in Kimpo-si B, who employs 20 full-time workers and operates a manufacturing business.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 13,956,80 of D retirement pay from April 1, 201 to September 28, 2017 at the said place of business within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. Article 44 subparagraph 1 of the Act on the Guarantee of Workers' Retirement Benefits and Article 44 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits: Judgment dismissing a public prosecution against an employee who is not subject to punishment after an indictment under the proviso to Article 44 subparagraph 1 of the Act on the Guarantee of Workers' Retirement Benefits: Article 327 subparagraph 6 of the Criminal Litigation Act.

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