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(영문) 서울동부지방법원 2016.04.20 2015고단3999
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who is the representative director of the Songpa-gu Seoul Metropolitan Government Building No. 403, who employs five full-time workers and operates a periodical publication business.

From April 29, 2013 to July 23, 2015, the Defendant did not pay KRW 2,578,569 of retirement pay to employees D who retired from the said workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. The crime of violating the Act on the Guarantee of Retirement Benefits for Workers due to the failure to pay the determined retirement allowances is an offense falling under Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers, which cannot be prosecuted against the victim’s clearly expressed intent pursuant to the proviso to Article 44 of the same Act.

On December 23, 2015, after the prosecution of this case, workers D submitted a letter of withdrawal of a petition to either express his/her wish not to punish the defendant or withdraw his/her wish to punish the defendant. In accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, the prosecution of this case against the defendant is dismissed. It is so decided as per Disposition.

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