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(영문) 의정부지방법원 2014.07.17 2014고정870
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative director of C, a stock company in Namyang-si, who employs 30 full-time workers and operates the manufacturing business of the main organization.

From July 18, 201 to September 10, 2012, the Defendant did not pay KRW 2,006,083 of retirement allowances of retired workers D who worked as operators of steel plate processing machinery from the said company within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The grounds for dismissing public prosecution are the crimes falling under Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under the proviso to Article 44 of the same Act. According to the statement on withdrawal of the petition filed in the trial records, it can be acknowledged that the victim has withdrawn his/her wish to punish the defendant on July 5, 2014, which is the case after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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