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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. In fact, misunderstanding of the legal principles and misconceptions of the facts, the Defendant agreed to pay the retirement allowance by including the money in the name of the retirement allowance for the monthly salary when employing a worker F, and paid the retirement allowance in installments to the above worker in accordance with the above agreement, and due to the occupational negligence of the above worker, the Defendant has a claim for damages of 20 million won against the above worker, and there was a dispute over the scope of the Defendant’s claim for wages and retirement allowance against the above worker. Thus, there was an intentional violation of the law by the Defendant on justifiable grounds that the Defendant
shall not be deemed to exist.
B. The sentence sentenced by the lower court against the Defendant (an amount of KRW 3 million) is too unreasonable.
2. Determination:
A. According to the evidence duly adopted and examined by the court below on the assertion of misunderstanding of the facts and legal principles, it can be acknowledged that the defendant, according to the report of the worker F in the middle of September 2015 by the worker F, an agreement to pre-paid payment by including retirement allowances in the process of an investigation conducted by the labor supervisor of the Labor Manager of the Native branch office of the Native branch office of the Native branch office of the Native branch office of the Native branch office of the Native branch office of the Native branch office of the Native branch office of the Native branch office of
Even if there is a justifiable reason that the defendant who was aware of the fact that the agreement on the advance payment of retirement allowances is denied within the period for the payment of retirement allowances under the Act on the Guarantee of Workers' Retirement Benefits, does not pay retirement allowances to the above worker
shall not be deemed to exist.
In addition, since wages for workers should be paid in full directly to workers, the over-paid wage shall be refunded.