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(영문) 서울중앙지방법원 2013.10.25 2013고정4566
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of C in Gangnam-gu Seoul Metropolitan Government, who runs a foreign language private teaching institute business using 30 full-time workers.

The Defendant, while working in the foregoing workplace from August 1, 2005 to April 30, 2013, did not pay KRW 10,349,514 of retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

2. On the other hand, it is a crime falling under any of subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the statement of a written application for no punishment filed in the trial record, it is obvious that the victim withdrawn his wish to punish the defendant on October 22, 2013, which is the date of institution of the prosecution of this case, and thus, the prosecution of this case is dismissed under Article 327 subparagraph 6 of the Criminal Procedure Act.

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