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(영문) 서울중앙지방법원 2015.05.29 2015고정1671
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is that the Defendant is a real representative of C in the Jung-gu Seoul Metropolitan Government B 1st floor and is an employer who runs the business of manufacturing and selling clothes using eight full-time workers. From June 14, 201 to January 3, 2015 at the said workplace.

6,968,430 won of retirement allowances of retired workers D was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

This is a crime falling under Article 44 subparagraph 1 or 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under the proviso of Article 44 of the same Act. According to the records, it is recognized that the employee D submitted an application for no punishment on May 22, 2015, which was after the prosecution of this case, to the effect that the employee D was not punished against the defendant. Thus, the prosecution of this case is dismissed under Article 327 subparagraph 6 of the Criminal Procedure Act.

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