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(영문) 수원지방법원 안산지원 2015.04.10 2015고단343
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the D cafeteria located in C-2, located in B, in light of the name of light, who operates a restaurant with two regular workers at all times.

From March 28, 2011 to February 15, 2014, the Defendant did not pay 600,000 won of retirement allowance to the parties without any agreement between them on the extension of the due date.

2. The violation of the Act on the Guarantee of Workers' Retirement Benefits, which stated in the facts charged of this case, cannot be prosecuted against the intent expressed by the victim under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act

However, according to the records, it can be recognized that the victim E withdraws his/her wish to punish the defendant on January 29, 2015, which was after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the victim withdraws his/her wish to punish a case which cannot be prosecuted against the clearly expressed will of the victim.

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