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(영문) 인천지방법원 2014.02.07 2013고정3695
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, as the representative of the D Company in Nam-gu Incheon Metropolitan City, is an employer who runs profiling manufacturing business using three full-time workers.

The Defendant worked in the foregoing workplace from December 26, 201 to April 5, 2013, and did not pay KRW 1,474,900 of retirement allowances of retired workers E within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date for payment.

2. The facts charged in this case constitute a crime falling under Article 44 subparagraph 1 and Article 9 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. The records show that the victim has withdrawn his/her wish to punish the defendant after instituting the prosecution in this case. Thus, the prosecution in this case is dismissed under Article 327 subparagraph 6 of the Criminal Procedure Act.

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