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(영문) 부산지방법원동부지원 2020.12.24 2020고단1534
근로자퇴직급여보장법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is an actual operator of C, a corporation located in Busan-gun B, who runs a manufacturing business using 50 full-time workers.

When a worker retires, the employer shall pay retirement allowances within 14 days from the date when the cause for such payment occurred, unless agreed by the parties to the extension of the due date.

Nevertheless, the defendant works in the above workplace from October 8, 2012 to November 30, 2019.

The retirement allowance of 16,345,805 won was not paid within 14 days from the date of D's retirement and the total amount of 122,346,252 won was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as stated in the "detailed statement of the money and valuables in arrears (retirement) by individual" in the attached Form.

2. Determination: All of 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 are not prosecuted against the will expressed by the victim under the proviso of Article 44 of the same Act.

However, according to the records of this case, it is recognized that all damaged workers expressed their wish not to punish the defendant around December 3, 2020, which was after the prosecution of this case was instituted, and thus, 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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