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(영문) 인천지방법원 부천지원 2017.09.21 2017고정849
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of the “C” located in Bupyeong-si B, and is an employer engaged in beauty business using full-time workers at the said workplace, and the Defendant did not pay KRW 9,124,773 out of the retirement allowances of each retired worker D, and KRW 7,358,539 out of the retirement allowances of workers E, within 14 days from the date of the above retirement without any agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits for each worker, and Article 9 of the same Act;

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

C. On September 21, 2017, after the institution of public prosecution, a written statement of punishment for the above workers has been submitted.

Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.

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