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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant, by misapprehending the legal principles, paid the benefits on a weekly basis between the employee E and paid the retirement benefits in installments, with an agreement on the installment payment of the retirement benefits including the benefits paid in installments, and paid more benefits than other workers. Since there are reasonable grounds to dispute the existence and scope of the obligation to pay the retirement benefits, the Defendant did not intend to violate the Act on the Guarantee of Workers’ Retirement Benefits.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.
B. Even if a crime of violation of the Act on the Guarantee of Workers’ Retirement Benefits against an unfair defendant in sentencing is established, the sentencing of the lower court (the penalty amount of KRW 500,000) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding the facts and misapprehension of the legal principles, the right to claim a retirement allowance is only caused by the requirement of termination of the labor relationship, which is retirement, and there is no room for a duty to pay a retirement allowance as long as the labor contract exists, and thus, a certain amount of money was paid on the monthly salary or daily payment received each month
Even if it is not effective as the payment of retirement pay under Article 34 of the Labor Standards Act, and the agreement to receive the retirement pay by including it in the monthly pay or daily pay as such is null and void because it is in violation of Article 34 of the Labor Standards Act, which is a mandatory law, and is not effective under the private law of the employer, to refuse the payment of retirement pay to the retired worker on the ground of the agreement that it is "the retirement pay by including it in the monthly pay or daily pay," which is not effective under the private law.