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(영문) 서울북부지방법원 2016.06.16 2015고정2676
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is the representative director D of the Dongdaemun-gu Seoul Metropolitan Government Building No. 403, who is engaged in advertising agency business using 18 full-time workers.

Notwithstanding the fact that an employee retires from his/her workplace within 14 days from the date on which the ground for such payment occurred, the Defendant did not pay KRW 6,092,853 of the F's retirement pay to the employee who retired from his/her workplace within 14 days from June 11, 2012 to September 5, 2014, as well as KRW 3,881,197, and from June 11, 2012 to October 16, 2014.

2. Determination

(a) A case for which a public prosecution cannot be instituted against the victim's explicit intent (proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. Withdrawal of expression of intent to punish victims after the prosecution of this case

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)

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