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(영문) 수원지방법원 안산지원 2018.09.13 2018고단2238
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of C Co., Ltd. in the facts charged, is an employer who runs a manufacturing business by making use of 11 full-time workers, and the employer, if a worker retires, has to pay a retirement allowance within 14 days from the time when the cause for payment occurred, the Defendant did not pay the retirement allowance of 14,759,235 won from September 21, 2009 to January 12, 2018 and E’s retirement allowance of 15,871,498 won, total 30,630,733 won within 14 days from the date when the cause for payment occurred without any agreement on the extension of the due date for payment between the parties.

2. The above facts charged are crimes falling under subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s express intent pursuant to the proviso of Article 44 of the same Act. According to the letter of withdrawal of each petition submitted to this court and the result of the court’s telephone confirmation, the victims of this case did not want punishment of the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act. It is so decided as per Disposition.

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