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(영문) 서울남부지방법원 2020.05.13 2020고단482
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative director of Guro-gu Seoul Metropolitan Government, B, C, D, and E (ju), is an employer who runs the business of manufacturing stage lighting equipment and broadcasting lighting facilities using 21 full-time workers.

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 extenuating circumstances.

Nevertheless, the defendant works in the above workplace from August 8, 2005 to August 31, 2019.

Retirement allowances of retired workers G retirement allowances of 89,216,745 won and employment from July 1, 2018 to August 31, 2019.

The retirement allowance of the retired employee was not paid KRW 94,927,457 in total, including KRW 5,710,712, and KRW 94,927,457, respectively, within 14 days from the date of retirement, without any agreement between the parties on

2. Determination

(a) Applicable provisions of Acts: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9;

(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Non-prosecution of punishment: To submit a written application for no punishment after prosecution;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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