근로자퇴직급여보장법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding the facts) that a person retires from his/her office is obligated to pay the retirement allowance if he/she retires, the period of his/her service and ordinary wages, and the calculation of the retirement allowance is based on the amount of his/her accounts since he/she constitutes the expenses, and thus his/her payment of the retirement allowance shall not be deemed to have been made on June 3, 2014 without any accounting guidance for the amount of KRW 20,000,000, which is equivalent to twice the amount of the actual retirement allowance before he/she retires from his/her office.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, as it rendered a not guilty verdict on the facts charged.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in the instant case is the employer who ordinarily employs one worker as the D representative in the Seo-gu Seoul Special Metropolitan City, Goyang-si, Seoyang-si, Seoyang-si, and runs the best side research business.
When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant employed from December 1, 2010 to July 31, 2014 at the above workplace and did not pay KRW 10,270,390 of retirement allowances retired from the above workplace within 14 days from the date on which the grounds for payment occurred without an agreement between the parties on the extension of the payment deadline.
B. According to the evidence duly adopted and examined by the lower court, the lower court determined that: (a) although it is recognized that E was working until July 31, 2014 at the Defendant’s workplace, and that the Defendant did not pay the amount of money as retirement allowances to E thereafter, the following facts and circumstances recognized by the record, i.e., retirement allowances, are generated only when the period of termination of the labor relationship, i.e., retirement allowances, is the principle, while the labor contract remains in existence.