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(영문) 서울서부지방법원 2016.08.26 2016고단2241
근로자퇴직급여보장법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is an employer who engages in service business by utilizing 11 full-time workers as the representative of the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government and non-01.

The Defendant served from September 1, 2013 to August 20, 2015, and was retired from office, and did not pay the total of KRW 3,858,584, and retirement allowance of KRW 3,211,718, as well as retirement allowance of KRW 3,858,584 from June 2015 to August 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. Determination and conclusion

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act;

(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. On June 14, 2016, the victim submitted a written application not to punish him/her;

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

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