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(영문) 청주지방법원 2016.07.26 2016고정321
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is the representative of C Co., Ltd. in Seocho-gu, Seocho-si, who operates a private teaching institute service business with ten full-time workers.

Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.

From August 1, 2010 to July 21, 2014, the Defendant, while serving as an associate instructor to be invited in the pertinent workplace, did not pay KRW 9,042,810 of retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. The above facts charged constitute a crime falling under Article 44 subparagraph 1 or Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under the proviso to Article 44 of the same Act.

According to the records, since the employee D, after the prosecution of this case, expressed his intention not to punish the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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

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