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(영문) 서울북부지방법원 2015.04.02 2015고단120
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case is the representative of Seongbuk-gu Seoul Metropolitan Government C, who conducts the clothing manufacturing business using seven full-time workers.

The Defendant worked from July 1, 2004 to September 4, 2014 at the same place of business, and did not pay KRW 24,905,440 of retirement allowances of retired D within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The above facts charged cannot be prosecuted against the victim’s explicit intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the victim D submitted a document stating his intention not to punish the Defendant on November 18, 2014, which was after the instant indictment, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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