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(영문) 수원지방법원 2015.08.13 2015고단3262
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of C in the facts charged, is an employer who engages in a manufacturing business with six regular workers.

The Defendant worked from September 1, 2006 to June 30, 2012 at the same place of business and did not pay retirement allowance of KRW 3,204,030 to D who retired from the said place of business within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

2. The above facts charged are crimes falling under Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the employee's will expressed in accordance with the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, it is obvious that D withdraws his/her intent to punish the defendant after the institution of the instant prosecution. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act

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