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(영문) 수원지방법원 2015.01.22 2014노2648
근로자퇴직급여보장법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

misunderstanding of facts and misunderstanding of legal principles workers E worked from D to June 13, 2013, operated by the Defendant, from June 13, 2010 to June 13, 2013. The Defendant agreed to pay E wages of KRW 200,000 per month in addition to wages of KRW 240,000,000 per month, and completed the payment of retirement allowances by paying them in installments with monthly pay

Even if the interim settlement agreement as above is invalid, the defendant did not have intention to violate the Act on Guarantee of Workers' Retirement Benefits.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

The lower court’s sentence of unreasonable sentencing (fine 700,000) is unreasonable on the ground that it is unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles, the defendant shall be separately paid the retirement allowance of KRW 200,000 (an average amount of wages regardless of individual wages) from the day on which the defendant was present at the meeting on February 6, 2012, the defendant shall be separately paid the retirement allowance of KRW 30,000 (20,000,000,000,000 won, and KRW 20,000 from June 13, 2010 to June 13, 2013; the defendant shall be separately paid the retirement allowance of KRW 30,000 from the day on which the defendant and D were present at the meeting on February 6, 2012, and the defendant shall be separately paid the retirement allowance of KRW 30,000,000,0000 to KRW 20,000,000,000,000.

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