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(영문) 대구지방법원 서부지원 2017.02.10 2016고정653
근로자퇴직급여보장법위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The Defendant is an employer who employs 24 full-time workers as an actual operator of (ju) D in the Daegu-gu Office of Month C4, Daegu-gu, and engages in communications business.

If an employer fails to pay the contributions to a participant at the time a cause, such as retirement of the participant of a defined contribution-based retirement pension plan, he/she shall pay the contributions and interest late within 14 days from the date such cause, occurs.

Nevertheless, the Defendant did not pay the retirement pension charges of retired workers E in a manner that deducts the retirement pension charges from the above E’s benefits while working from August 17, 2009 to August 31, 2015, and did not pay the charges within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. According to the records, the defendant company's business agreement states that 8.3% of the employees' existing monthly contribution shall be added to the Daegu Bank and the employee's retirement allowance shall be used as the employee's retirement allowance (see the D business agreement in 2015). The defendant and E separate items of "retirement pension" from those of basic pay, extended work allowances, and food subsidies when entering into an employment contract, and the defendant and E separate items of "retirement pension" from those of "monthly contribution", and "monthly contribution" and "retirement pension" shall be included as "guarantee payment" (see the labor contract, record No. 19,20 pages attached to the police investigation report against the defendant), and the defendant paid the defendant the money stated in the column of "monthly contribution" on the 15th of each month, and the amount stated as "retirement pension contribution" to the Jeju Bank as "retirement Bank's retirement contribution," and the above employment contribution shall be managed by the defendant from the Jeju Bank as the replacement bank's retirement contribution (20th of each month).

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