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(영문) 서울남부지방법원 2016.06.03 2016고정325
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged of this case is a full-time employee of unlimited-time D taxi representative in Geumcheon-gu Seoul Metropolitan Government who operates a taxi transport business by employing 120 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay 2,131,256 won in total, as shown in the attached crime list, as well as 13,458 won in April 201, 201, retired from the said workplace as from June 26, 2007 to November 18, 2014, to the above workplace, for the period of 14 days from the date of retirement, which is the date on which the cause for payment occurred, without an agreement on the extension of the payment period between the parties.

2. According to the evidence duly adopted and examined by this court, the Seoul High Court rendered a judgment on September 5, 2012 that the amount of value-added tax reduction in the labor dispute between the National Transport Industry Workers' Union and the Chairperson of the National Labor Relations Commission is not the amount of wages included in the minimum wage of ordinary taxi transport workers (Seoul High Court Decision 2011Nu45346) but otherwise revoked the arbitration award (Seoul High Court Decision 201No. 201No. 45346). The above judgment was dismissed by the Supreme Court on February 26, 2015 (Supreme Court Decision 2012222003). The Defendant calculated the amount of tax reduced by adding the value-added tax to the minimum wage calculated in accordance with the wage agreement between labor and management and the employees, but it was recognized that the amount of tax reduced by adding the minimum wage was changed from the employees’ civil petition until December 14, 2013.

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