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(영문) 서울남부지방법원 2018.06.25 2017고정212
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of Geumcheon-gu Seoul Metropolitan Government D and 604, who runs online advertising business using approximately 62 full-time workers.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 26,408,992 to 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, as well as KRW 21,032,726, and KRW 26,408,992, including KRW 5,376,26, and KRW 5,376,266, as well as KRW 26,40,92, which are 14 days from the date of the occurrence of the reasons for payment, as well as KRW 21,03,72,726, and January 8, 2016.

2. Determination:

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

(b) Crimes of non-violation of will: proviso to Article 44 of the Guarantee of Retirement Benefits of Workers.

C. The F and G expressed their intention not to punish each court after the prosecution of this case

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

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