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(영문) 서울남부지방법원 2018.04.12 2018고정244
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person running a company D in Guro-gu Seoul Metropolitan Government and an employer engaging in building management services by ordinarily employing 60 to 70 workers.

1. Violation of the Labor Standards Act;

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

Nevertheless, the Defendant Company: (a) worked in Friju from around July 31, 2014 to October 28, 2016 in the Gyeongnam-si where the said Company D supplies the services and did not pay KRW 6,605,912,55,912,5,586,304,56,56,400, including the annual leave allowances, and the annual leave allowances of KRW 2,06,40; (b) KRW 14,258,616,616; and (c) KRW 14,258,616,616, and the said Company D’s annual leave allowances of KRW 1 at the I hotel located in H from August 15, 2013 to October 31, 2015; and (d) paid KRW 7,706,230,838,301,305,215,251,214,251.

(b) Wages shall be paid at least once a month on a fixed date.

Nevertheless, the Defendant, from March 11, 2016, did not pay the wages of workers J who worked in the above Friart from around December 12, 2016 at least once a month from around December 12, 2016.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant did not pay KRW 4,395,264 of G retirement pay of retired workers who worked in each of the above workplaces as above, and KRW 3,043,093 of the LaborJ's retirement pay to workersJ within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

2. Determination: Ga. Ga.

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