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(영문) 광주지방법원 2017.10.17 2017고단2795
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant engaged in the manufacturing of automobile parts under the trade name “C” in the Gwangju Mine-gu B and 501, and was working at the said workplace from August 1, 201, and did not pay KRW 8,626,972 from August 31, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

2. The facts charged in the instant case 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 explicit intent pursuant to the proviso to Article 44 of the same Act. The victim D withdraws his/her wish to punish the Defendant after the instant indictment. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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