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(영문) 광주지방법원 2017.12.21 2017고정631
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged is operating the Co., Ltd. in Nam-gu, Gwangju.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

The Defendant did not pay a total of KRW 28,133,240 of D’s retirement allowances that he/she retired from office from February 20, 2008 to July 8, 2016 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. The determination is an offense falling under Article 44 subparag. 1 or 9 of the Guarantee of Workers’ Retirement Benefits Act, and is not charged against the victim’s explicit intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, after the prosecution of this case was instituted, a written agreement stating that the victimized employee does not want the punishment of the defendant was submitted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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