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(영문) 인천지방법원 2016.11.14 2016고정3092
근로자퇴직급여보장법위반
Text

The prosecution of this case against the Defendants is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the joint representative executive director of the D Co., Ltd. located in Bupyeong-gu Incheon Metropolitan City, who ordinarily employs 220 workers and operates the manufacturing industry.

The Defendants were working in the said workplace from August 18, 2014 to December 11, 2015 and did not pay 3,177,480 won of retirement allowances E to retired workers within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Determination

(a) Crimes of non-violation of will: proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On October 27, 2016, after the prosecution of the instant case, submission of a written agreement that workers E does not want punishment against the Defendants (a letter of revocation of complaint)

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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