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(영문) 의정부지방법원 2020.01.22 2019고단4897
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the C representative in Southyang-si, who ordinarily employs one worker and operates high water commerce.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from June 6, 2013 to June 5, 2017 at the above workplace.

7,453,206 of retirement allowances of retired D did not pay 7,453,206 won within 14 days from the date of occurrence of the cause for payment without any agreement between the parties to the extension

2. Determination

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

B. After the prosecution of this case, the employee D was not subject to punishment.

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

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