근로자퇴직급여보장법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 2.5 million won.
The above fine shall not be paid by the defendant.
1. Grounds for appeal;
A. Error of facts and misapprehension of legal principles 1) The Defendant paid retirement allowances to D, E, G, and F on a monthly basis during the period of employment, and the Defendant paid retirement allowances to G in cash at the time of retirement even after the advance payment of retirement allowances for E, G, and F, and the Defendant did not pay retirement allowances if the Defendant offsets the amount of retirement allowances against the unpaid retirement allowances by making the right to return unjust enrichment equivalent to the retirement allowances already paid in installments during the period of service for D, E, G, and F as an automatic claim. 2) There is no intention to pay retirement allowances to the Defendant.
B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.
2. In the appellate court’s ex officio determination, the prosecutor applied for the permission of modification of a bill of amendment to the indictment as stated in the reasoning of the judgment below, and the appellate court’s permission of modification to the indictment was changed as stated in the above. Therefore, the judgment of the court below is reversed ex officio due to the modification of
As above, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, even though there is a ground for ex officio reversal in the judgment below.
3. Judgment on the defendant's misconception of facts or misapprehension of legal principles
A. As to the assertion that there is no unpaid retirement allowance, the lower court: (a) whether the Defendant paid the retirement allowance in advance to D, E, G, and F in accordance with the retirement allowance division agreement and whether there is no unpaid retirement allowance; and (b) concluded that the Defendant, the employer, should pay a certain amount of the retirement allowance in advance with the monthly salary paid between the employee and the employee; and (c) so-called so-called retirement allowance division agreement is null and void as the employee renounces the right to claim a retirement allowance in advance;
(b)if any;