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(영문) 수원지방법원 2017.05.22 2016노8251
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Fact-finding (1) As to the violation of the Labor Standards Act and the Labor Standards Act for Workers E and the violation of the Act on Guarantee of Workers’ Retirement Benefits, workers E worked in the company run by the Defendant from May 1, 2013 to December 2013, and all wages corresponding to the above period were paid to the above workers. However, on the ground of business related to the work that was not completed at the time of the above worker’s retirement, the above worker demanded the Defendant’s wages until March 2014, and the Defendant agreed to inevitably transfer the relevant patent right to the worker E and substitute for the payment of wages corresponding to the above worker’s request, so there is no wage paid by the Defendant

In addition, since one worker E has worked in the company that operated the defendant for a period of less than one year, the defendant has the obligation to pay retirement allowances to the above worker.

shall not be effective.

(2) As to the violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits against Workers F, Workers F worked in the company run by the Defendant from August 2014 to November 14, 2015, and the corresponding wages during the above period were paid in full, and the retirement pay remains only in part for the above period.

B. The sentence sentenced by the lower court against the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. (1) In full view of the following circumstances that can be known from the evidence duly adopted and examined by the lower court regarding the violation of the Labor Standards Act and the violation of the Guarantee of Workers’ Retirement Benefits Act regarding workers E, the fact that workers E worked in a company operating the Defendant from January 1, 2013 to March 31, 2014 can be sufficiently recognized without an agreement on the extension of the payment period.

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