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(영문) 인천지방법원 부천지원 2013.05.10 2013고정220
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the Nowon-gu Seoul Special Metropolitan City, Busan Special Metropolitan City B, who operates laundry with five regular workers.

The Defendant worked in the foregoing workplace from May 5, 2009 to April 24, 2012, and did not pay KRW 2,825,440 of retired C retirement pay within 14 days from the date of retirement without agreement between the parties on extension of the due date.

2. We examine the judgment. The facts charged of this case are crimes falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent under the proviso of Article 44 of the same Act. According to the written agreement bound in the trial records, it can be acknowledged that the victim has withdrawn his wish to punish the defendant. Thus, the prosecution of this case is dismissed under Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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