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(영문) 서울동부지방법원 2016.12.16 2015고단3535
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2015 Height35] The Defendant is an actual operator of the 4th floor of Songpa-gu Seoul Metropolitan Government C building, who runs the golf course service business by using six regular workers.

The Defendant shall work at the relevant workplace from October 22, 2014 to March 4, 2015.

A retired worker E’s wage of 483,870 won on October 2014, 201, wage of 1,500,000 won on November 2014, wage of 1,500,000 won on December 2014, and wage of 1,50,000 won on January 2015, and 4,983,870 won on January 1, 2015, were not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

[2016 Highest 537] The Defendant is an actual operator of the 4th floor of Songpa-gu Seoul Metropolitan Government Building Co., Ltd. who operates the golf course service business by using six regular workers.

1. The Defendant violating the Labor Standards Act is working at the same workplace from December 1, 2013 to June 30, 2015.

Workers F, who retired, worked in the above workplace as shown in attached Table 2(1), including 1,300,000 won of wages of September 2014, as well as 1,300,000 won.

A retired worker did not pay the total of KRW 19,100,000,000 within 14 days from the time when the ground for payment occurred without agreement between the parties on the extension of the due date.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is working in the same workplace from December 1, 2013 to June 30, 2015.

The retirement allowance of the retired worker was not paid KRW 2,657,864 within 14 days from the date when the grounds for such payment occurred without any agreement between the parties on the extension of the due date.

[2016 Highest 1483]

1. On May 29, 2014, the Defendant committed the crime against the victim F, the victim G, and the victim H stated that “The victim F will immediately be paid KRW 500 billion with the corporate revitalization fund, if the victim F, in the D office in the Seoul Songpa-gu Seoul Metropolitan Government Co., Ltd., located in the fourth floor of the building, “if the fund for the management of the company is short of the fund for the operation of the company, the fund will be paid immediately as the above fund will enter.”

However, it is true that the defendant operates.

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