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(영문) 대구지방법원 2015.09.18 2014고정2811
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the D representative in Daegu Suwon-gu C, is a user who operates beauty and beauty business by ordinarily employing one worker.

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

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant had worked as a beauty artist from July 1, 2012 at the above workplace and had not paid KRW 2,335,421 of the retirement allowances E of retired workers on December 17, 2013 within 14 days from the date of retirement on which the grounds for payment occurred, without extending the due date by an agreement between the parties.

2. The facts charged in this case are those 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 express will under the proviso of Article 44 of the same Act.

However, according to the trial records of this case, the victim can be found to have withdrawn his/her wish to punish the defendant on September 18, 2015, which was after the prosecution of this case.

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

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