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(영문) 창원지방법원 마산지원 2015.09.15 2015고단449
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

The defendant in the factory office is the actual representative of C in the Hanam-gun B, Gyeongnam-gun, who runs the manufacturing business using 20 full-time workers.

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

Nevertheless, the Defendant did not pay KRW 11,657,894, which was retired from C on December 1, 2014, as stated in the detailed statement of unpaid money and valuables for each individual in attached Form 15, including that the Defendant did not pay KRW 126,832,936, which was totaled 15 employees, after the lapse of 14 days from the date of retirement, without any agreement on the extension of the date.

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

According to the records, the victims can recognize the fact that they have withdrawn their wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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