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(영문) 창원지방법원 2019.07.18 2018구합52844
병역지정업체선정취소처분취소
Text

1. The revocation of the selection of a designated military service entity that the Defendant rendered to the Plaintiff on September 11, 2018 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of disposition;

A. On November 10, 1992, the Plaintiff was a company that manufactures and sells air transport equipment and aviation parts, and was selected as a special company from the Commissioner of the Military Manpower Administration pursuant to Article 14 of the former Enforcement Decree of the Act on the Special Cases of Military Service (repealed on October 6, 1994).

B. B is serving as industrial technical personnel at the Plaintiff Company from June 1, 2015 to July 28, 2016.

The retirement was made.

C. On February 14, 2018, the Plaintiff’s representative C was sentenced to a fine of KRW 700,000 as a violation of the Labor Standards Act and a violation of the Guarantee of Workers’ Retirement Benefits Act with respect to the following criminal facts in the Changwon District Court Decision 2017Da462.

C appealed by Changwon District Court No. 2018No529, May 17, 2018; however, the appeal was dismissed by the above court on May 17, 2018; Supreme Court Decision No. 2018Do8474, Aug. 7, 2018; Supreme Court dismissed the appeal.

The defendant is the representative director of A (State) located in Kim Sea-si, who runs the aircraft parts manufacturing business using three regular workers.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, and other money or valuables within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the Defendant is serving as a person of thought from June 1, 2015 to July 28, 2016 at the same place of business.

B’s retirement leave allowances of 144,720 won in January 2016, and the weekly leave allowances of 144,720 won in February 2016, and the weekly leave allowances of 144,720 won in March 2016, and the weekly leave allowances of 144,720 won in April 2016, the weekly leave allowances of 144,720 won in April 2016, and the wage of 507,790 won in May 2016, June 1, 2016, the total of 1,193,100 won in June 201, retirement allowances of 1,675,208 won in July 2014.

On September 4, 2018, the defendant reported to the director of the regional military manpower office on the fact that the reasons for revoking the selection under Article 76 of the Enforcement Decree of the Military Service Act occurred.

On September 10, 2018, the Commissioner of the Military Manpower Administration shall:

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