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(영문) 서울중앙지방법원 2021.01.12 2020고정1656
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a representative of C Co., Ltd. located in Seocho-gu Seoul Metropolitan Government, Seocho-gu and 4, who conducts auction education with six full-time workers.

From January 1, 2015 to January 10, 2018, the Defendant did not pay KRW 4,149,970 of D retirement pay, which was employed and retired at the same workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. Article 44 subparagraph 1 of the Act on the Guarantee of Workers' Retirement Benefits and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits: Judgment dismissing a public prosecution by expressing the intent that workers D would not want the punishment of the defendant after the prosecution of this case under the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits: Article 327 subparagraph 6 of the Criminal Procedure Act.

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