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(영문) 서울동부지방법원 2015.11.16 2015고단3113
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is the C representative director of Seongdong-gu Seoul Metropolitan Government, who runs a printing business using 12 regular workers.

The defendant shall work in the above workplace from July 1, 2005 to March 19, 2015.

The retired D's retirement pay of KRW 37,285,771 was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim's explicit intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, on November 11, 2015, after the prosecution of this case, the withdrawal of the complaint was submitted to the effect that the victim does not want the punishment of the defendant, so the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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