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(영문) 서울남부지방법원 2017.04.21 2016고정1142 (1)

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a representative of E in the 6th floor of D department stores in Yangcheon-gu Seoul Metropolitan Government, who runs a general restaurant business using eight full-time workers.

A. From September 24, 2010 to March 6, 2015, the Defendant who violated the Labor Standards Act (1) worked in the workplace with the main subsidy from the foregoing workplace from September 24, 2010 to March 6, 2015, worked in the main subsidy from retired F’s annual allowance of KRW 676,630, and from January 11, 201 to March 20, 2015, and paid KRW 1,19,561 in total of the annual allowances of two retired workers, including the annual allowances of KRW 522,931, as indicated in the list of crimes committed in the attached Table, did not pay KRW 1,19,561, respectively, within 14 days from the date on which the cause for payment occurred or the date of retirement without an agreement on the extension of the payment date between the parties.

(2) When concluding a labor contract on September 24, 2010 through March 6, 2015 with the retired F and the retired F, the Defendant does not specify in writing matters concerning the working conditions, such as the constituent elements of wages, calculation method, method of payment, and hours of paid leave, holidays under Article 55, annual paid leave under Article 60, and matters concerning paid leave under Article 60, in the said workplace, and did not state in writing matters concerning the working conditions, such as the composition of wages, calculation method, method of payment, small working hours, holidays under Article 55, and annual paid leave under Article 60, while entering into a labor contract with G and E on January 111, 2011. < Amended by Presidential Decree No. 23190, Jan. 11, 2011; Presidential Decree No. 23200, Mar. 20, 2015>

B. From September 24, 2010 to March 6, 2015, the Defendant violated the Act on the Guarantee of Retirement Benefits of Workers: (a) worked as the principal subsidy; (b) worked as the principal subsidy from retired FF’s retirement allowances from January 11, 201 to March 20, 201; and (c) KRW 13,384,614, total sum of retirement allowances of retired G G’s retirement allowances, including KRW 6,542,29, and KRW 14,000,000, from January 11, 2011 to March 20, 2015, respectively, within 14 days from the date on which the cause for payment occurred or the date of retirement without agreement on the extension of the payment date between the parties.