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(영문) 서울서부지방법원 2017.04.28 2016고단3525

근로기준법위반등

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged [2016 high group 3525] The Defendant is a full-time user who is a representative of the 13th floor of Mapo-gu Seoul Metropolitan Government building B, who has operated database, online information manufacturing industry, etc. by using 60 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 9,988,080 to D who was employed in the said workplace from September 17, 2014 to June 16, 2016 and did not pay KRW 41,359,730 in total, including the wages, etc. for four workers, as shown in attached Table 1, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 7,706,155 of retirement allowances to D retired from the said workplace from September 17, 2014 to June 16, 2016; and (b) did not pay KRW 43,353,698 in total for three employees, as shown in attached Table 1, as in attached Table 1, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

[2016 Highest 4094] The Defendant is a full-time representative director of Mapo-gu Seoul Metropolitan Government B building C (main office) with 13 floors, who is an employer who operates the database and online information manufacturing industry using 60 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 11,684,00,00 for E retired from the said workplace from August 19, 2013 to July 31, 2016, and did not pay KRW 388,603,173 in total for 30 workers, as shown in attached Table 2, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.

2. The Defendant in violation of the Act on the Guarantee of Retirement Benefits of Workers does not pay KRW 3,974,547 to E who retired from the said workplace while serving in the said workplace from August 19, 2013 to July 31, 2016, as shown in attached Table 2.