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(영문) 수원지방법원 2016.01.29 2015고정1497
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant had three full-time workers in the Gansi-si Suwon District C, thereby operating the Jeju Deputy Director.

The Defendant did not pay KRW 6,649,315 of the retirement allowance of E working in the said workplace from January 5, 2013 to March 24, 2015 within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. The above facts charged are the crimes falling under Article 44 subparagraph 1 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s express intent under the proviso to the same Article.

According to the records, the defendant's employee E expressed his wish not to punish the defendant on January 25, 2016, which was after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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