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(영문) 서울남부지방법원 2014.02.03 2014고단81
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of Yeongdeungpo-gu Seoul Metropolitan Government building 905 (main owner) and the Defendant was working in the said workplace from July 1, 2008 to May 11, 2013 and did not pay KRW 11,447,309 of the D's retirement allowances from the said workplace within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

2. This part of the facts charged cannot be prosecuted against the employee’s explicit intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since a written agreement on withdrawal of the complaint prepared by the said employee to the effect that the Defendant did not wish to punish the Defendant around January 3, 2014, which was the date of the instant indictment, was submitted to this court, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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