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(영문) 인천지방법원 2018.08.17 2018고정754
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as a representative in Nam-gu Incheon Metropolitan City C, is an employer who runs a machinery manufacturing business using five full-time workers.

When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of his/her retirement, unless there exists an agreement between the parties on the extension of the payment period.

Nevertheless, the Defendant did not pay KRW 18,104,735 of D retirement pay from June 1, 2010 to June 13, 2017 at the above workplace within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. According to the conciliation protocol of the instant case submitted by the Defendant on July 27, 2018, 2018, 71915, 2018, 71922, the victim expressed his/her intention not to cancel the instant complaint and be punished if the Defendant pays KRW 8 million between the Defendant and the victim by July 31, 2018, and the conciliation was established that the withdrawal of the complaint and the non-application for punishment may substitute for the submission of the conciliation protocol. It is recognized that the Defendant paid KRW 8 million to the victim on July 26, 2018.

Thus, there was an intention of not to punish the victim after filing a prosecution.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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