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(영문) 서울서부지방법원 2018.01.25 2016고정1602
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 name of the Defendant was changed from G red control point to H red control point, and the name of the instant beauty shop in Seodaemun-gu Seoul and the second floor was changed from G red control point to C red control point.

A full-time operator is a person who operates beauty business using 11 full-time workers.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from June 6, 2012 to March 31, 2015, worked in the Hague D retirement pay of retired workers from the said workplace, and worked in the said workplace from July 29, 201 to October 11, 2015, and did not pay 22,415,720 won, including the total of 14,18,410 won of retirement pay of retired workers E, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Each legal statement of witness D, E, and F;

1. Statement made by special judicial police officers to D or E;

1. Each evidentiary document [The following circumstances acknowledged by the evidence legitimately adopted and examined by this Court, namely, D and E received incentives each month, which are the amount of fixed wage ( approximately 27% to 38%) after the commencement of the service at the beauty art room of this case. It appears that there was no particular change in the working contents or the form of service before and after the commencement of the service. ② The beauty art room of this case was set from 11:00 to 21:00 in the case of daily work hours; ② The beauty art room of this case was set from 10:0 to 20:0 in the case of Saturdays; ④ D and E were worked 6:0 days a week according to the above working hours and worked 2:3) in the beauty art room of this case, a fine is imposed, etc.

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