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The defendant shall be innocent.
Reasons
1. Summary of the facts charged in this case
(a) [2012 high-level 4618] The Defendant is a representative of FMM in the fourth Gwanak-gu Seoul Special Metropolitan City E-4, who employs 15 full-time workers and engages in a private teaching institute business.
The Defendant is working for the said private teaching institute as a Korean language instructor from May 24, 2010 to October 13, 2011.
1,575,00 of retirement allowances of retired workers has not been paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
B. [2012 high-level 4619] When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and if an employer fails to give an advance notice at least 30 days prior to the dismissal, the Defendant did not immediately pay KRW 1,460,035 on the date of dismissal while dismissing H who worked at the above workplace on February 27, 2012.
2. Determination:
A. [2012 high-level 4618] The witness G’s investigative agency and this court make a statement as evidence that seems consistent with this part of the facts charged. G submitted an interim settlement application for retirement pay on February 21, 201, but it stated that there was no receipt of KRW 1,575,000, which is the interim settlement amount of retirement pay.
However, the following circumstances acknowledged by the record, namely, ① an interim settlement application for retirement pay (2012 high-level 4618 investigation records) signed and submitted by G, stating that there is no objection to the receipt of interim settlement of retirement pay; ② “1,575,000 won” is also stated in the account books of private teaching institutes (49 pages of the investigation records). ② The fact that the account books of private teaching institutes (49 pages of the investigation records) also paid KRW 1,575,00 as retirement pay to G on February 21, 201, ③ the interim settlement of payment for retirement pay submitted by I signed and signed by G (3 evidence 11-1 of the evidence submitted by the Defendant). In light of the fact that the interim settlement of payment for I was actually made at the time (refer to the evidence submitted by Defendant 18).