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(영문) 대구지방법원 포항지원 2020.02.12 2019고단1037
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is the E representative director of the company E, who has a corporation in Gangnam-gu Seoul Metropolitan Government and operated in many nationwide places, such as D in Nam-gu, Nam-gu, Seoul, and who runs human resources dispatch business using 200 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, on April 1, 2019, the Defendant did not pay 12,082,444 won in total of 16 employees’ retirement allowances from the place of business of the company at issue in Nam-gu, Nam-gu, Seoul, within 14 days from the date of retirement, and did not pay 130,605,343 won in total for 16 employees’ retirement allowances within 14 days from the date of each retirement, as shown in the list of crimes in the attached Table.

2. Grounds;

(a) Applicable provisions of Acts: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

C. After the prosecution of this case, the withdrawal of a complaint including the expression of no punishment of 16 victimized workers after the prosecution of this case and the written agreement will be submitted respectively.

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

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