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(영문) 서울중앙지방법원 2017.08.17 2017고단2728
근로기준법위반등
Text

Each of the instant public prosecutions is dismissed.

Reasons

1. The Defendant is an employer who employs 8 full-time workers and operates a trade company as the representative director of Gangnam-gu Seoul Metropolitan Government C building D and 401 E located in the same building (ju) and 401.

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, and the worker's wages shall be paid at least once a month on the fixed date.

A. (State) The Defendant in arrears with D Money and valuables did not pay KRW 15,039,450, total amount of wages and retirement allowances from D to November 1, 2016, as well as KRW 17,797,510, total amount of wages and retirement allowances of two workers, including the payment of KRW 15,039,450, from June 19, 2016 to October 1, 2016, within 14 days from the date of retirement without an agreement on the extension of payment date between the parties, as shown in attached Table (1), No. 1,797,510, as in attached Table 1, 2.

B. (State) The Defendant in arrears with the payment of wages and retirement allowances in arrears (1) did not pay KRW 24,99,960, total amount of wages from October 12, 2015 to November 30, 2016 of his retired workers G while working in the above (State) E from October 12, 2015 to November 30, 2016, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties to the case, as shown in the attached list of crimes (2), including that the Defendant did not pay KRW 61,118,220, total amount of wages of four workers and KRW 4,696,670 of the said G retirement allowances within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties to the case.

(2) From January 4, 2016 to June 1, 2016, the Defendant violated the wage payment of KRW 2,00,000 on June 6, 2016, wage of KRW 2,00,000 on July 2016, 200, wage of KRW 2,000,000 on August 2016, 200, wage of KRW 2,00,000 on September 20, 2016, wage of KRW 2,00,000 on October 1, 2016, and wage of KRW 2,00,000 on November 1, 2016, including wage of KRW 2,00,00 on KRW 12,00.

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