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(영문) 제주지방법원 2015.01.15 2014고정464

근로자퇴직급여보장법위반

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The gist of the facts charged is that the Defendant is an employer who employs ten workers in Jeju, who operates the Dental Institute.

When a worker retires, the employer shall be liable to pay the retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working from July 20, 2008 to June 30, 201.

The retirement allowance of retired workers E was not paid 4,493,931 won after 14 days from the date of occurrence of the cause for payment without an agreement on the extension of the due date.

2. According to the judgment (i) E, for which the Defendant was unable to receive a retirement allowance under the facts charged, has not been able to receive a retirement allowance from the Defendant under this Court. (iii) From July 20, 2008 to February 2, 2012, E was paid a fixed amount of retirement allowance from among the lecture fees paid by the students, and thereafter received a retirement allowance corresponding to a certain ratio from among the lecture fees paid by the students. (ii) There was no time to receive a retirement allowance from the private teaching institute, and there was no need for the Defendant to pay a retirement allowance to the instructors who have retired from the private teaching institute during the period of his/her employment. (iii) There was no presentation that the Defendant would not request the Defendant to receive a retirement allowance at the time of his/her employment. (iii) On or around the end of February 30, 2013, the Defendant was also able to receive a retirement allowance from the private teaching institute and the Defendant’s first statement that he/she would be able to receive a retirement allowance from the Defendant.

According to the aforementioned legal statement of Doll E, even the Ewing who worked as an instructor at the D Teaching Institute operated by the Defendant may also receive retirement allowances by retiring the instructor from the D Teaching Institute.