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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the actual representative of the C Teaching Institute located in Dongdaemun-gu Seoul Metropolitan Government, who employs 7 full-time workers and operates the Bobdo Private Teaching Institute.
When a worker retires, the employer shall pay retirement benefits within 14 days from the date on which the cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.
Nevertheless, the Defendant did not pay KRW 1,373,317 of D retirement pay from August 9, 201 to October 8, 2012 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.
2. Determination
A. Comprehensively taking account of the evidence adopted and examined by this court, the following facts and circumstances can be acknowledged.
(1) Around August 9, 2011, the Defendant, who operates C Educational Institutes, employed D as an instructor. At the time, D agreed to include retirement pay in the Defendant’s pay at his/her request and receive it on the nine day of each month.
(2) Since August 9, 2011, D received payment from the Defendant of KRW 1,367,00 per month from the first three-month period following the following day (i.e., salary of KRW 1,200,000, KRW 167,000).
(3) There is a defect that one of the students D is to retire from the said driving school, and the Defendant, around September 14, 2012, said D was to retire from the said driving school.
However, as D will work before the following payment date, the Defendant and D will pay KRW 1,200,000 for August 8, 2012 and KRW 1,200,000 for September by October 8, 2012. Eul (D) will calculate the amount of benefits until the date of the due date and retire if the discharge or problem occurs due to the English problem by October 8, 2012.
(4) D has written in this Court the phrase “I will receive retirement benefits, other than the benefits,” among the above contracts.