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(영문) 광주지방법원순천지원 2020.10.21 2020고정175

근로자퇴직급여보장법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as a representative of the female bel, is an employer who runs the lodging business with three full-time workers.

When an employee retires, the employer shall pay retirement allowances within 14 days from the time when any cause for such payment occurred, except in cases where there exists an agreement on extension of the due date between the parties concerned.

Nevertheless, on September 10, 2019, the Defendant did not pay C’s retirement allowance of KRW 1,813,130, which was retired from the said place of business within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement prepared by the police officer C;

1. Application of Acts and subordinate statutes of the C Preparation petition;

1. Article 44 of the Act applicable to facts constituting an offense, and subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when a sentence of suspended sentence of imprisonment is invalidated or revoked);

1. As to the Defendant’s assertion of Article 62(1) of the Act on the Suspension of Execution, the Defendant asserted the instant facts charged on the ground that: (a) at the time of employment, the Defendant agreed to receive monthly retirement pay of KRW 1,400,000, instead of receiving monthly retirement pay of KRW 1,500,000, monthly retirement pay of KRW 1,500.

However, in a case where the employer and the employee agreed to pay a certain amount of money in advance along with the monthly or daily payment of the retirement allowance as alleged by the Defendant, the agreement is null and void in violation of Article 8 of the Act on the Guarantee of Workers' Retirement Benefits, which is a mandatory law, because the employee renounces the right to claim a retirement allowance accrued at the time of the final retirement in advance, unless it is acknowledged as an interim settlement of the retirement allowance under the main sentence of Article 8(2) of the Act. As a result, the employer

(b)if any;