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(영문) 수원지방법원 2016.02.05 2015고정3163
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 D Co., Ltd. in Suwon-si, run a construction business by using eight full-time workers.

The defendant did not pay 11,746,820 won of retirement allowance of 8,194,520 won and 11,746,820 won of retirement allowance of 3,522,30 won during the period of service from February 26, 2012 to February 4, 2015, to E who worked in the above workplace from February 15, 2008 to August 16, 2012, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

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, on February 5, 2016, the day after the public prosecution of this case was instituted by the victimized person E, the fact that the injured person expressed his wish not to punish the Defendant is acknowledged. 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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