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(영문) 울산지방법원 2014.04.21 2014고정412
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the defendant, while serving as an instructor at a private teaching institute operated by the defendant, did not pay the victim C's retirement allowance of KRW 5,278,020, the victim D's retirement allowance of KRW 1,484,520, the victim E's retirement allowance of KRW 2,832,10, the victim F's retirement allowance of KRW 2,772,320, and the victim F's retirement allowance of KRW 2,72,320 within 14 days from the date of retirement without any agreement on the extension of

Judgment

Each of the above facts charged is a crime falling under Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits. According to the proviso of Article 44, the victim cannot be prosecuted against the victim's explicit intent under the proviso of Article 44. According to the statement of withdrawal of a complaint filed in the trial records, the victim can be acknowledged that he/she expressed his/her intention not to be punished against the defendant on April 15, 2014, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph

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