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(영문) 대전지방법원 2015.12.23 2015노2748
근로기준법위반등
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Guarantee of Workers' Retirement Benefits, the lower court erred by misapprehending the fact that the Defendant was guilty, even though the Defendant paid retirement allowances in installments under the division agreement.

B. The lower court’s sentence of an unreasonable sentencing (a fine of KRW 800,000) imposed on the Defendant is too unreasonable.

2. Determination

A. The Defendant made the same assertion as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the ground that the Defendant and E did not have a substantial retirement allowance installment agreement, according to the evidence of the lower judgment, and each written confirmation prepared by the other workers cannot reverse the above recognition.

In comparison with the above judgment of the court below, the judgment of the court below which found the defendant guilty of the facts charged in this case is just, and even if there was a retirement allowance division agreement between the snow company defendant and E, it is null and void because it did not meet the requirements for interim settlement of the retirement allowance under the main sentence of Article 8 (2) of the Guarantee of Workers' Retirement Benefits Act, and it is in violation of the mandatory law, and it is not erroneous in the judgment of the court below as alleged by the defendant. Thus, this part of the defendant's assertion is rejected.

B. The lower court’s determination on the assertion of unfair sentencing seems to have denied the instant crime, and appears to have failed to pay retirement allowances until a considerable period after E’s retirement, etc. is disadvantageous to the Defendant.

On the other hand, the defendant seems to have not been punished for the defendant by mutual consent between E and E in the past when the defendant is in the past, and the defendant is in the same kind of crime.

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