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(영문) 대전지방법원 홍성지원 2019.09.25 2019고단482
근로자퇴직급여보장법위반등
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is the representative of B, who works in the above workplace from September 5, 2016 to September 5, 2017.

The retired worker C's wage of KRW 4,075,332 and retirement allowance of KRW 253,021 were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

The facts charged against the board of directors are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the victim expressed his/her wish not to punish the Defendant on September 25, 2019, the date of the instant indictment, the victim expressed his/her wish not to punish the Defendant, the instant indictment is dismissed pursuant to Article 327 subparag.

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