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(영문) 서울남부지방법원 2013.11.20 2013고정908
근로자퇴직급여보장법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the E-stock company representative director in Gangseo-gu Seoul Metropolitan Government D, who employs 150 full-time workers and operates taxi transportation business.

From January 12, 2009 to May 31, 2012, the Defendant served as a taxi driver at the pertinent workplace and served as a taxi driver for the same period as those of the FF retirement pay of KRW 4,548,390, and the Defendant did not pay KRW 6,412,060, total amount of G retirement pay of KRW 1,863,670, which was retired as a taxi driver, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. This part of the facts charged is a crime falling under Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and cannot be prosecuted against the employee's explicit intent under the proviso of the same Article. Since the withdrawal of the complaint was submitted by the said employee on November 5, 2013, which was after the instant indictment, stating that the said employee would not wish to punish the Defendant, the instant indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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