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(영문) 인천지방법원부천지원 2020.09.24 2020고정413
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is the representative director of (ju) D of the building C in Gyeonggi-do, who runs a software manufacturing and development service business using 15 regular workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date of payment may be extended according to an agreement between the parties.

Nevertheless, the Defendant is working from May 1, 2012 to November 30, 2018 at the above workplace.

The retirement allowance difference of retired E, including 8,580,820 won, was not paid 24,269,514 won in total for three retirement allowances of retired workers within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The facts charged in this case are the crimes falling under Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the explicit will of the victim worker under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

According to the records, since all workers have withdrawn their wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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