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(영문) 서울중앙지방법원 2013.05.31 2013고정859

근로자퇴직급여보장법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the employer who employs seven full-time workers as the representative of the Dental Institute in Seocho-gu Seoul Metropolitan Government, and is engaged in educational service business.

The Defendant did not pay KRW 5,630,210 of retirement allowances to retired workers E, who worked in the pertinent workplace from June 29, 2010 to July 2, 2012, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement of the police statement (including the EM statement) against the defendant;

1. Statement of the police statement regarding E;

1. Statement of an application for interim settlement of retirement allowances;

1. Application of the Acts and subordinate statutes to describe interim settlement agreements and receipts;

1. Relevant legal provisions concerning facts constituting an offense and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant is merely a failure to pay retirement allowances to E upon waiver of retirement allowances, such as preparing interim settlement agreements and confirmation of receipt, etc., and there is no obligation to pay retirement allowances to E.

2. In light of the following circumstances acknowledged by the evidence of each judgment, namely, an application for interim settlement of accounts of retirement allowances (in the investigation record No. 26), an interim settlement agreement, and a receipt (in the investigation record No. 27), as well as the content thereof, the interim settlement of accounts of retirement allowances is made, and the continuous employment period to calculate retirement allowances is newly calculated, and as such, the continuous employment period to calculate retirement allowances seems to be not a document related to the waiver of post retirement allowances, but a document prepared for interim settlement of retirement allowances, it cannot be deemed that E waiver of retirement allowances after the fact. The defendant