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(영문) 청주지방법원 제천지원 2015.02.13 2015고정11

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Partial statement of the defendant;

1. It asserts to the effect that there is almost no retirement allowance to be paid by the Defendant on behalf of the Defendant, since there is no retirement allowance to be paid because of the fact-finding confirmation, the business registration certificate, and the calculation statement of retirement allowances [the Defendant shall not pay the retirement allowance in the wages, and ② the Defendant paid on behalf of the Defendant the amount of his own insurance premium out of the four premiums, which are not the fact-finding. However, the agreement to pay in advance a certain amount with the monthly salary paid by the employer and the employee, along with the daily allowance paid by the employer

(2) If the agreement is concluded, unless it is acknowledged as an interim settlement of a retirement allowance under the main sentence of Article 8(2) of the Act, the agreement is deemed null and void in violation of Article 8 of the Act, which is a mandatory law, since an employee waives his/her right to a retirement allowance at the time of the final retirement in advance, and as a result, even if an employer paid an amount in the name of the retirement allowance to an employee pursuant to the agreement on the division of a retirement allowance, it shall not be effective as a retirement allowance (see, e.g., Supreme Court Decisions 2009Do8248, Oct. 13, 2011); and (2) since wages are paid directly to an employee in currency in principle, it is to protect an employee who has an economic and social subordinate relationship with the employer, and thus, it is also the same (see, e.g., Supreme Court en banc Decision 2007Da90760, May 20, 2010; Supreme Court Decision 839Da196379, Aug. 19, 2919, 190).

1. The relevant Article of criminal facts and the guarantee of the selective retirement benefit.