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(영문) 창원지방법원 2020.08.19 2020고단2082
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is an employer who runs a mechanical design service business with four full-time workers in Seongbuk-gu B and C in Changwon-si, Sungwon-si.

When a worker retires, the employer shall pay retirement allowances within 14 days from the date when the cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.

Nevertheless, the defendant is working from April 1, 2008 to October 31, 2018 at the above workplace.

The retirement allowance of the retired E, 43,493,891 won was not paid within 14 days from the date of retirement of the E without any agreement between the parties on the extension of the due date, and the total amount of 149,635,060 won of the retirement allowance of four workers was not paid within 14 days from the date of retirement of each worker without any agreement on the extension of the due date, as shown in the attached crime list.

2. Determination

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

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

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