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(영문) 대구지방법원 경주지원 2015.07.08 2015고정150
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the employer who has engaged in the manufacturing business by employing 10 full-time workers as the representative of Co., Ltd., Ltd. located in B and D at the time of racing.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay retirement allowances of KRW 11,283,64 related to the above C working period of F (from March 17, 2005 to May 17, 201) and retirement allowances of KRW 2,978,080 related to the E working period of F Co., Ltd. (from January 1, 2011 to February 28, 2014), within 14 days from the date of retirement as of the date of payment, without agreement between the parties to the extension of the payment date.

2. The above facts charged are crimes of non-violation of intention. Since it is apparent in the record that the above employee submitted a written agreement to the effect that he/she would withdraw his/her wish to punish the defendant on July 6, 2015, which was after the prosecution of this case, the indictment of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.

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