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(영문) 서울남부지방법원 2018.12.13 2018노304
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principle) did not employ or dismiss workers D, and the judgment of the court below which convicted the defendant of violating the Labor Standards Act even though the defendant did not bear any liability for violation of the Labor Standards Act, was erroneous in the misapprehension of the legal principle or

2. As to the transfer of business, barring special circumstances, the relationship between the employee and his/her employee is also continuously succeeded by the transferee (see Supreme Court Decision 2000Da18608, Nov. 13, 2001, etc.). Furthermore, Article 36 of the Labor Standards Act requires the employer to liquidate legal relations early in order to promote the stabilization of the livelihood of retired workers, etc. by providing for the payment of wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred when the employee died or retires. Since Article 109 of the Labor Standards Act for the delayed payment of retirement allowances, etc. provides that the employer shall be forced to liquidate the legal relations early in order to promote the stabilization of the livelihood of the retired workers, and the employer shall be granted a grace period of 14 days after the date on which the cause for such payment occurred (see Supreme Court Decision 94Do1477, Nov. 10, 195; 2015Do165, etc.). This part of the lower judgment also rejected the Defendant’s claim as to be transferred from the transferee’s.

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