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(영문) 춘천지방법원 강릉지원 2014.04.09 2014고단9
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 the representative of CJ in the East Sea, who ordinarily employs four workers and operates a private teaching institute business. From August 5, 2010 to February 4, 2012 at the said workplace.

The most qualified D's retirement pay of KRW 576,895 was not paid within 14 days from the date of retirement without the agreement on extension of the due date between B and B.

However, this is a crime falling under Article 44 subparagraph 1 or Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent pursuant to the proviso to Article 44 of the same Act. According to the records, the victim can be acknowledged as having withdrawn his/her wishing to punish the defendant on or before December 24, 2013, after the prosecution of this case.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. It is so decided as per Disposition.

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