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(영문) 서울남부지방법원 2018.08.23 2017고정1900
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is the representative of corporation C with the fourth floor of building B in Yeongdeungpo-gu Seoul Metropolitan Government who runs the Internet press business by using approximately 15 full-time workers.

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

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

Nevertheless, the Defendant did not pay 4,150,000 won in total in arrears, including D’s wage of 700,000,000, retired from the said workplace from November 28, 2015 to November 12, 2016, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without an agreement between the parties on the extension of the payment date, as shown in the attached Table.

Summary of Evidence

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

1. The defendant asserts that each police petitioner's statement (including attached materials) with D is an individual business operator and is not an employee, since his/her employees received benefits after deducting 3.3% tax from 3.3% tax, and there is no less than 4 insurance.

However, whether a worker is a worker under the Labor Standards Act shall be determined by whether the form of a contract is an employment contract or a contract for employment, and in substance, whether a worker has a subordinate relationship with an employer for the purpose of wages at a business or a workplace. Whether there is a subordinate relationship as mentioned above shall be determined by the employer, and shall be subject to rules of employment or service (personnel) regulations, etc., and whether the employer has a reasonable direction and supervision during the performance of duties, whether the employer designates working hours and a place of work, whether the worker is detained, and whether the employer owns equipment, raw materials, or working tools, etc.

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