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(영문) 인천지방법원 부천지원 2018.09.04 2018고단1920
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C representative in Kimpo-si, who runs the manufacturing business of machinery parts with three full-time workers.

Defendant 1 worked in the said workplace from October 14, 2016 to April 30, 2018, and did not pay KRW 4,062,675 of D retirement pay within 14 days from the date on which the grounds for payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. The determination is based on the case falling under Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s explicit intent under the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

According to the statement on July 17, 2018, which was submitted to this Court on July 17, 2018, the withdrawal of the complaint filed by the employee D, the fact that the above employee expressed his/her wish not to punish the Defendant on July 17, 2018, which was after the public prosecution was instituted, can be acknowledged.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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