근로자퇴직급여보장법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts and misunderstanding of the legal principles) the Defendant paid D’s retirement allowances by including D’s retirement allowances in accordance with the retirement allowance installment agreement, and even if such agreement is null and void, an amount equivalent to 1/2 of the retirement allowances may be offset by the agreed amount
Therefore, the defendant has no intention to pay retirement allowances because there is a ground to dispute about the obligation and scope of retirement allowances to D.
2. The lower court also asserted the same purport as the aforementioned assertion, and the lower court is difficult to acknowledge that there was an agreement on the division of retirement allowances between the Defendant and D, even if there was an agreement on the
Even if the above agreement is null and void and the intention to pay retirement allowances is recognized, it was found guilty of the facts charged in the instant case.
Examining the reasoning of the lower judgment by closely comparing the relevant legal principles and the records of this case, the lower court’s aforementioned determination is justifiable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.