근로자퇴직급여보장법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal is that the Defendant is a person who operates a “D Co., Ltd.” for transportation business chain, including aggregate, and his/her employees.
Although it is difficult to recognize intention to not pay retirement allowances to E in light of various circumstances at the time, the retirement allowances prescribed in the Act on the Guarantee of Workers' Retirement Benefits, which were first settled and paid in full upon request from E, the judgment of the court below was erroneous in the misapprehension of the facts.
2. The facts charged in this case and the judgment of the court below
A. The Defendant, as the representative of the D Co., Ltd. in C when the instant facts charged, is an employer who employs one full-time worker and engages in transportation business.
The Defendant did not pay KRW 5,906,458 of the retirement pay of E retired from the said workplace from March 1, 2008 to June 16, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.
B. The lower court rendered a guilty judgment as to the facts charged in the instant case by citing “the Defendant’s partial statement, the witness E’s legal statement, the police interrogation protocol, the details of wage account transactions, and the retirement allowance statement” as evidence.
3. The judgment of this Court
A. If the pertinent legal doctrine and the employer agreed to pay a certain amount in advance with the monthly wage or daily wage paid by the employer and the employee (hereinafter “an agreement on retirement payment”), the agreement is null and void in violation of Article 8 of the Act on the Guarantee of Retirement Benefits of Workers, since the employer waives the right to claim a retirement payment incurred at the time of the final retirement in advance, unless it is acknowledged as an interim settlement of the interim retirement payment under the main sentence of Article 8(2) of the Act on the Guarantee of Retirement Benefits of Workers, and thus, it is invalid inasmuch as the employer has paid a certain amount in advance to the employee under the agreement on the division of retirement payment, even if the employer has paid a certain amount in the name of the retirement payment,