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(영문) 인천지방법원 부천지원 2015.03.23 2015고단362
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who operates a restaurant with two regular workers at C located in Seocheon-gu, Seocheon-gu, Seocheon-si.

The Defendant served as a main subsidy from September 24, 2010 to October 4, 2011, but did not pay KRW 701,667 of the retirement allowance of workers D who retired on the fifth day of the same month within 14 days after retirement without any agreement between the parties on the extension of the due date.

2. Public prosecution against the violation of the Guarantee of Workers' Retirement Benefits Act stated in the facts charged of this case is a crime falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the intent expressed by the victim under the proviso of Article 44 of the same Act.

However, according to the records, it can be recognized that D, a victim, withdraws his/her wish to punish the defendant on October 30, 2014, which was after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the victim withdraws his/her wish to punish a case which cannot be prosecuted against the clearly expressed will of the victim.

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