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(영문) 서울중앙지방법원 2016.01.19 2014고정4359
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a representative director of Jongno-gu Seoul Metropolitan Government D Co., Ltd. who employs six full-time workers and operates educational service business.

1. The Defendant violated the Labor Standards Act: (a) from September 1, 2003 to October 31, 2013, the Defendant paid 209,483 won [209,483 won [i.e., daily wage 167,587 won/87 won x 8 hours x 1.25 hours x 1.25 hours x 1.25)] (i.e., the number of extended working allowances from September 31, 2013 to October 31, 201; (b) 9,417,873 won [5,65,06,061 won for extended working allowances on other extended working allowances from September 1, 2003 to October 31, 2013]; (c) the sum of the paid working allowances between the parties 12,338,592 won - the amount paid to 8,576,780 won per year; and (d) 37) 137th 1,297th 1,20.

2. From July 1, 2009 to June 30, 2009, the Defendant violated the Workers’ Retirement Benefit Security Act.

By October 31, 2013, 120,149 won, which is the difference among the retirement allowances of retired E, was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement protocol by the police for E;

1. F's factual confirmation, E's written statement;

1. The agreement and agreement forms (from July 1, 2007), the notice of dismissal, the notice of commuting to and from work hours (from July 1, 2007), the report on the place of work and working hours (from July 2013, 2008 to 2013), the daily report, the reading room sales statement, the daily settlement statement (except for the part above), the electronic mail of instructions, the transferor's number of employees, the electronic mail, the electronic mail of instructions on the pay person, the statement of the payment of special allowances, the employment insurance certificate and learning card, the receipt of unemployment, the G director's insurance and the worker's employment insurance certificate, the loss of the worker's qualification report, retirement allowances, etc. are submitted (the fourth reply).

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