근로자퇴직급여보장법위반
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is the representative director of the Seoul Special Metropolitan City Gwanak-gu C Co., Ltd. who runs the wholesale business by using 14 full-time workers.
When a worker retires, an employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the payment date may be extended by agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 5,512,937 of D retirement pay from April 25, 201 to August 10, 2015 at the above workplace and KRW 7,123,090 of E’s retirement pay from January 1, 201 to August 4, 2013, within 14 days from each retirement date without any agreement between the Parties on the extension of payment date.
Summary of Evidence
1. Statement made by the police against the defendant;
1. Each police statement made to D or E;
1. Books verifying the business operator's registration;
1. Portioning out employment insurance cards of the workplace, and checking and printing out each employment insurance history;
1. Each petitioner asserts that he/she paid retirement allowances as wages. However, in light of the above evidence, the Defendant’s assertion cannot be trusted.
Even if the Defendant agreed to pay a certain amount in advance with the monthly payment with the employee, the agreement is null and void in violation of Article 8 of the Act on the Guarantee of Workers’ Retirement Benefits, which is the content that the employee waives his/her right to claim retirement benefits at the time of the final retirement, unless it is acknowledged as an interim settlement of the retirement benefits under the main sentence of Article 8(2) of the same Act (see, e.g., Supreme Court Decision 2007Da90760, May 20, 201; Supreme Court Decision 2009Do8248, Oct. 13, 201). The Defendant’s assertion is without merit.
[Application of Acts and subordinate statutes]
1. Article 44 of the Act applicable to the facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for respective Workers Eligible for the Punishment.
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.