근로자퇴직급여보장법위반
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a representative of the Mapo-gu Seoul Metropolitan Government C Truck Industrial Complex, who has run a motor vehicle maintenance business using 12 full-time workers.
On January 31, 2012, the Defendant did not pay the retirement allowances of KRW 10,122,587 to D retired from the above workplace at the above workplace, as well as retirement allowances of KRW 119,28,838 (the amount obtained by subtracting KRW 19,51,540 from KRW 138,80,378 less the above No. 3 from the above No. 138,80,378) within 14 days from the date of each retirement without agreement between the parties to extend the due date.
Summary of Evidence
1. Each legal statement of witness D, E, F, and G;
1. Statement made to D by the police;
1. The Defendant asserts that the Defendant did not have any obligation to pay retirement allowances again to the said employees, since he/she paid retirement allowances in addition to the monthly salary paid to CA employees, including the instant victimized workers.
According to the above evidence, the defendant agreed to pay the retirement allowance in addition to the monthly salary between the above damaged worker and the above injured worker.
In addition, it is recognized that there is no monthly payment in addition to the retirement pay to the above-mentioned workers, and even if the defendant paid the above monthly payment in addition to the above-mentioned retirement pay, the right to claim the payment of the retirement pay does not have any possibility of a duty to pay the retirement pay as long as the labor contract remains in existence as the elements for the termination of the labor relationship, such as retirement, and even if he paid a certain amount under the name of the retirement pay, it is not effective as a payment of the retirement pay under Article 34 of the former Labor Standards Act, and it is also effective as a monthly payment or daily payment.