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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the amount calculated by multiplying the monthly retirement pension accumulated by the Defendant by 8.3% (the total annual wage converted by 1/12 to 0%) of the “guarantee benefit” rather than 2,842,700 won, not the monthly wage, is the amount calculated by converting the amount by 8.3% (the total annual wage converted by 1/12 to 00%) and the employee’s wage statement prepared in D Co., Ltd. (hereinafter “instant Co., Ltd.”) was prepared by deducting various taxes, etc. based on the total amount of 3.1 million won, it is recognized that the Defendant was not paid by deducting the retirement pension contribution to be borne by the Defendant from the amount to be received by the employee.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which acquitted the Defendant of the facts charged.
2. Determination
A. The summary of the facts charged is that the Defendant is an employer who employs 24 full-time workers as an actual operator of D, a company with the Daegu-gu Seoul fourth floor.
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.
B. The lower court determined that the Defendant did not pay the retirement pension for E in a manner that deducts a certain amount from the total amount of salaries for E, only the evidence submitted by the prosecutor for the following reasons.
It is not sufficient to recognize it, and there are other evidences to recognize it.