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(영문) 서울북부지방법원 2015.07.24 2014고단1627
근로기준법위반등
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the charge is the employer who manages and operates apartment by using 50 regular workers as the president of the council of occupants' representatives in Seoul Special Metropolitan City, Nowon-gu.

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

Nevertheless, the Defendant served as the said apartment security guard from June 29, 2012 to November 1, 2013, and did not pay KRW 1,347,820, monthly wage of KRW 1,347,820, monthly wage of KRW 1,347,820, annual paid leave allowances of KRW 221,560, and annual paid annual paid leave allowances of KRW 2,869,550, and annual paid KRW 1,196,410 within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

2. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly announced by the Minister of Employment and Labor each year, and shall pay the wages at least 4,374 won per hour from January 1, 2013 to the minimum wage (90% of the minimum wage);

Nevertheless, the Defendant paid wages to D, E, and F while serving as the said apartment security guard from around June 29, 2012 to October 31, 2013, and calculated the hourly wage at KRW 4,122 below the minimum wage in 2013 and paid to the said employee.

3. An employer shall pay workers wages in full in currency;

Nevertheless, the Defendant did not pay the full amount of wages to three security guards, such as D, E, and F, retired while working from around June 29, 2012 to November 1, 2013, by failing to pay the difference of the minimum wage on the regular payment date from July 2013 to October 2013, such as the attached crime list (2).

4. An employer shall be a worker; and

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