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(영문) 인천지방법원 부천지원 2017.11.16 2017고정1050
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of D Co., Ltd., Ltd., located in Bupyeong-si, and is an employer who runs a construction business by using full-time workers. On February 4, 2017, the Defendant did not pay KRW 35,770,732 out of the retirement allowances of E retired workers around February 4, 2017, within 14 days from the date of the above retirement without any agreement between the parties on the extension

2. Determination

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

(b) Crimes of non-violation of will: proviso to Article 44 of the Guarantee of Retirement Benefits of Workers.

C. On November 14, 2017, the same year, after the institution of public prosecution, stating the victim’s intent not to punish the defendant.

9. 7. The person's submission of "criminal agreement and non-criminal punishment" was made.

Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.

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