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(영문) 서울동부지방법원 2015.09.18 2015고정939

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant of Seongdong-gu Seoul Metropolitan Government is the representative director of Seongdong-gu C (A) located in Seongdong-gu, who runs the village bus transport business using 21 full-time workers.

1. Where an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date when the cause for such payment occurred, but the Defendant, at the above workplace, worked as a bus engineer from July 29, 2007 to July 30, 2014, as the bus engineer from August 2014, the Defendant did not pay KRW 2,468,472 within 14 days from the date of retirement without agreement on the extension of the due date for payment between the parties concerned.

2. Where an employer retires, the employer shall pay retirement allowances within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay 14,449,840 won of D retirement allowances, which he/she worked as a bus engineer from July 29, 2007 to July 30, 2014, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

The Defendant is the representative director of Seongdong-gu Seoul Metropolitan Government Co., Ltd., and 20 full-time workers in Seongdong-gu, who are engaged in urban bus transportation business.

1. On May 3, 2010, the Defendant violated the Labor Standards Act due to the nonperformance of an order to remedy unfair dispatch of vessels: (a) received a petition against the company from the company in Seoul Eastern District Office on September 27, 2013; (b) entered the Korea Trade Union Federation on September 30, 2013; (c) issued an order to change the number of vehicles to take charge of operating a bus No. 5, not an existing seven buses, to E on October 1, 2013.

E received an unfair application for remedy from the Seoul Regional Labor Relations Commission on October 4, 2013, and the Seoul Regional Labor Relations Commission on November 28, 2013.

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