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(영문) 서울동부지방법원 2016.01.29 2015고정989
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

(b) did not pay within 14 days from the date of retirement without any agreement;

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the witness F;

1. A written petition;

1. A written contract of annual salary;

1. Details of the unpaid amount;

1. Application of Acts and subordinate statutes on records of benefits;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Grounds for conviction under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order;

1. The following facts are acknowledged according to the evidence presented prior to the facts found.

A. A. Around March 10, 2008, E entered into a labor contract (hereinafter “instant labor contract”) with the Defendant Company D (hereinafter “D”) whose representative is the Defendant via the Defendant, and began work as D’s two branches from March 20, 2008.

2. Contract term: The annual salary contract amount on March 10, 2008 - March 9, 2009: 100,000,000 won (one hundred million won per day)* the annual salary contract amount shall include the amount including the basic salary, bonuses, and retirement allowances;

4. The annual salary, payment method and monthly salary shall be paid ±13 months, and the retirement allowance shall be calculated by adjusting the retirement allowance by one-month in the last month of a contract, and shall be paid at the rate of two months along with the amount adjusted for the retirement;

5. Monthly payment: 7,700,000 won ( Liberl million won)* The last monthly payment is 7,600,000 won, and the last monthly payment is 15,300,000 won, including retirement allowances; and

B. The main content of the instant labor contract (referred to as the “annual salary contract” as “the title of this case”) signed on March 20, 2008 between E and D is as follows (Evidence No. 47 pages of evidence records).

E and D did not prepare a separate labor contract in addition to the instant labor contract even after they became due on March 9, 2009, the contract term stipulated in the instant labor contract, and E continued to work as D’s employee under the understanding of D as seen below.

(d)

D The instant case is for E, from March 2008 to July 2012.

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