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Deals & Cases

Violation of the Employee Retirement Benefit Security Act

Mokpo Criminal Defense Attorney | Defends a Client Charged With Violating the Employee Retirement Benefit Security Act, Concluding the Matter With Non-Prosecution at the Prosecution Stage

A Mokpo criminal defense attorney defended a client while charged with violating the Employee Retirement Benefit Security Act. The Mokpo attorney succeeded in obtaining a non-prosecution decision.

CONTENTS
  • 1. The Client's Situation
  • 2. Relevant Laws Researched by the Mokpo Criminal Defense Attorney
    • - The Penalty Level Researched by the Mokpo Criminal Defense Attorney
  • 3. The Defense Undertaken by the Mokpo Criminal Defense Attorney
  • 4. The Disposition the Mokpo Criminal Defense Attorney Obtained for the Client

1. The Client's Situation

The client of the Mokpo criminal defense attorney said that he was charged with violating the Employee Retirement Benefit Security Act.

The client explained that there were unfair aspects to the matter and requested a defense against punishment. The account the attorney heard from the client was as follows.

The client runs a company, and about 10 years ago he hired Mr. A on the recommendation of an acquaintance.

After working for about 3 months, Mr. A suffered an injury at a company workshop.

He then received approval for industrial accident medical care from the Korea Workers' Compensation and Welfare Service and did not work thereafter.

After receiving the medical care approval, he received no wages but continued to receive temporary disability benefits, medical care benefits, and the like from the Korea Workers' Compensation and Welfare Service.

Upon learning of this, the client recently filed a report of loss of insured status under the four major insurances for Mr. A.

Mr. A argued that the date of the report of loss of insured status should be regarded as the date he was dismissed, so he was entitled to severance pay for the approximately 10-year period of employment, and he went so far as to file this complaint.

The client came to a Mokpo criminal defense attorney, expressing how unfair it was that he should have to pay severance pay to Mr. A, whose last day of work was more than 10 years earlier.

2. Relevant Laws Researched by the Mokpo Criminal Defense Attorney

To defend the client, the Mokpo criminal defense attorney researched the laws relevant to the case.

Employee Retirement Benefit Security Act Article 9 (Payment of Severance Pay, etc.) (1) If a worker retires, the employer shall pay severance pay within 14 days from the date on which the cause for payment arises. However, in cases where there are special circumstances, the payment date may be extended by agreement between the parties.

Under the Employee Retirement Benefit Security Act, where a worker retires, severance pay must be paid within 14 days from the date on which the cause for payment arises.

Mr. A filed a complaint against the client for violating the Employee Retirement Benefit Security Act, asserting that the date his insured status under the four major insurances was lost was the date of his retirement.

The Penalty Level Researched by the Mokpo Criminal Defense Attorney

Employee Retirement Benefit Security Act Article 44 (Penalty Provisions) A person who falls under any of the following shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 30 million won. However, in the cases of subparagraphs 1 and 2, prosecution may not be instituted against the express will of the victim. 1. A person who fails to pay severance pay in violation of Article 9 (1)

As a result of Mr. A's complaint against the client, the client faced the risk of being punished by imprisonment for not more than 3 years or by a fine not exceeding 30 million won.

3. The Defense Undertaken by the Mokpo Criminal Defense Attorney

The Mokpo criminal defense attorney defended the client by emphasizing the following points.

▶The client actively cooperated so that Mr. A could obtain medical care approval.

▶Mr. A had provided no labor whatsoever after suffering his injury.

▶The client believed that no severance pay was due and therefore had no intent to withhold payment.

▶The client had no prior record of criminal disposition.

4. The Disposition the Mokpo Criminal Defense Attorney Obtained for the Client

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After hearing the Mokpo criminal defense attorney's arguments, the prosecution issued a non-prosecution disposition for the client.

Mr. A appealed this disposition, but the prosecution issued a decision dismissing the appeal.

This result was achievable because the Mokpo criminal defense attorney analyzed the case closely and responded with a strategy favorable to the client.

In the course of life, one may find oneself in an absurd situation like that of the client in this case, and proving the absence of the charge is the first step toward resolving the matter.

Because there are limits to how far an individual can prove the absence of a charge on his own, please feel free to 🔗a Mokpo attorney at any time and request assistance.

목포검사출신변호사 | 근로자퇴직급여보장법 위반 의뢰인 변호해 검찰 단계에서 불기소로 마무리

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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