근로자퇴직급여보장법위반
The defendant shall be innocent.
1. In the facts charged, the Defendant is an employer who runs a vessel processing business with a trade name of D within C within the limit of 200 full-time workers and employs 200 full-time workers.
When an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant employed on October 12, 2015 and worked in the same workplace as a painting. On May 1, 2017, the Defendant did not pay KRW 25,54,460, as well as KRW 4,885,580 of the retirement allowances of retired workers E on May 1, 2017, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties.
2. Determination
A. Relevant legal principles 1) Where there are grounds for dispute as to the existence of an obligation to pay wages, etc., there is considerable reason for the employer to pay wages, etc.
Therefore, the employer had the intent to commit the crime of violating Articles 36 and 109 (1) of the Labor Standards Act.
It is difficult to recognize that there are grounds for dispute over the existence and scope of the obligation to pay wages, etc. should be determined in light of all the circumstances at the time of dispute over the grounds for refusal of payment, grounds for the obligation to pay wages, the organization and size of the company operated by the employer, the purpose of business, and the existence and scope of the obligation to pay wages, etc. . It should not be readily concluded that the employer has intent to commit a crime of violation of Articles 36 and 109(1) of the Labor Standards Act (see Supreme Court Decision 2010Do14693, Oct. 27, 2011).