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The sentence of sentence against the defendant shall be suspended.
Reasons
Criminal facts
The defendant is the actual manager of C in Boan-si B, who ordinarily employs 20 workers and carries on the steel structure manufacturing business.
When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working at the same workplace from September 29, 201 to December 9, 2013.
The retirement allowance of 1,932,640 won for retired workers D was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Application of the police statement law to D;
1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, Article 9 of the same Act concerning facts constituting an offense, and selection of a fine;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. Articles 4 and 8(1) of the Act on the Guarantee of Workers' Retirement Benefits (hereinafter “Act”) provide that the Defendant’s assertion regarding the payment of retirement benefits in arrears (including the fact that the amount of suspended punishment: fine 700,000 won, the amount of late retirement benefits is relatively small, and the agreement on the payment of retirement benefits in arrears after the prosecution of the instant case is deemed to have been reached) shall be set up one or more systems among the retirement benefits scheme to pay the retired workers’ benefits. The employer who intends to set up a retirement allowance scheme shall set up a system that allows the retired workers to pay the average wages for not less than 30 days for the year of continuous employment as retirement benefits. As such, there is no room for a duty to pay retirement allowances in principle during the period in which the employment contract remains in existence.