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(영문) 서울동부지방법원 2017.08.17 2017노69
근로기준법위반
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the grounds for appeal did not remain in arrears with G wages.

2. The summary of the facts charged is the representative director of E Co., Ltd. on the third floor of the Dongjak-gu Seoul Metropolitan Government D Building, who employs 4,000 full-time workers and operates residential real estate management business.

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.

Nevertheless, from August 11, 2010 to April 30, 2015, the Defendant served as security guards in Seongdong-gu Seoul Metropolitan Government F apartment and did not pay KRW 6,024,015 in total, as shown in the attached crime list, including wages of KRW 123,600 of G retired on August 8, 2012.

3. The lower court found the Defendant guilty of the facts charged by compiling the evidence as indicated in its judgment.

4. According to the evidence adopted and examined by the court below, the defendant, as to whether he had the obligation to pay "wages due to the short working hours," night work allowances, and holiday work allowances," as stated in the attached crime list, G, the defendant was excluded from the application of Article 61 (3) of the former Labor Standards Act (wholly amended by Act No. 8372 of Apr. 11, 2007; hereinafter "former Labor Standards Act") on December 21, 2006, the defendant was a representative director, and the defendant entered into a contract with Seongdong-gu Seoul Metropolitan Government E, on April 24, 2015, on the condition that he/she would pay overtime work allowances to surveillance workers who work for a fixed working period of 24 hours in the off-day apartment, Seongdong-gu, Seoul, under the condition that he/she would pay overtime work allowances. G entered into a contract with G and its basic work hours from August 1, 2010 to April 20, 2015.

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