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(영문) 광주지방법원 목포지원 2016.03.18 2015고단1603
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative of the (Y)C located in the Southern Cancer B, is an employer who runs a manufacturing business using 60 full-time workers.

Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date of retirement, unless there exists an agreement between the parties on the extension of the payment date.

Nevertheless, the Defendant did not pay KRW 13,922,129, including D retirement pay of KRW 2,326,670, respectively, 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 crimes falling under Article 44 subparagraph 1 of the Act on the Guarantee of Retirement Benefits for respective workers, which cannot be prosecuted against the victim's express intent pursuant to the proviso to Article 44 of the same Act. According to the records, it is recognized that the victims expressed their intention not to punish the defendant after the institution of the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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