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(영문) 서울서부지방법원 2018.08.08 2018고정366
근로자퇴직급여보장법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a representative of Mapo-gu Seoul, Mapo-gu and 1002, who runs software development business using four full-time workers.

Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.

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

Nevertheless, the defendant did not pay some of 7,342,30 retirement allowances of D that he/she retired from the above workplace from July 1, 2010 to February 28, 2017 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. The violation of the Act on the Guarantee of Retirement Benefits for Workers due to the failure to pay the determined retirement allowances is not prosecuted against the victim’s express intent (the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits), and since a written agreement was submitted on July 13, 2018, the instant public prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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