근로자퇴직급여보장법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is an employer who ordinarily employs 70 workers in the name of “C hospital” in the name of “C hospital” in the city of Gyeong-nam City and operates a medical service business.
The Defendant did not pay KRW 150,711,135 of the retired employee D’s retirement pay from the above hospital to October 18, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.
Summary of Evidence
1. Partial statement of the defendant;
1. D Legal statements;
1. Each police statement made to E and F;
1. A statement of a source receipt of earned income and a deposit transaction;
1. The defendant and his/her defense counsel asserted that there is no intention to commit a violation of the Guarantee of Workers' Retirement Benefits Act, and that there exists a ground for denial of responsibility.
A. First, we examine whether to recognize intention.
The right to claim the payment of retirement allowances is a requirement for the termination of the labor relationship, and there is no room for the duty to pay retirement allowances as long as the labor contract exists, so that there is no possibility that the obligation to pay retirement allowances is paid every month or the daily allowance paid every day.
However, it is not effective as a retirement allowance under Article 34 of the Labor Standards Act, and the agreement to receive the retirement allowance by including it in the monthly pay or daily daily pay is null and void because it gives up in advance the right to claim a retirement allowance incurred at the time of the final retirement, which is in violation of Article 34 of the Labor Standards Act, which is a mandatory law.
In addition, if an employer refuses to pay a retirement allowance to a retired employee on the ground of an agreement that he/she shall include a retirement allowance in the monthly pay or daily pay for each employee who has no legal effect, it is reasonable for the employer to contest the existence of the obligation to pay a retirement allowance and to pay it.