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(영문) 서울남부지방법원 2018.08.16 2017고정168
근로기준법위반등
Text

The defendant shall be innocent.

Reasons

1. The Defendant, as a representative of Dongdaemun-gu Seoul Metropolitan Government building B and C located on the 18th floor, is an employer who runs a service business (distance lifelong education) using 25 full-time workers.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant had worked in the said workplace from October 1, 2013 to May 31, 2015, and did not pay some of 644,206 won of the wages of the retired workers D on April 2015 following the following day within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant served in the said workplace from April 1, 2013 to February 28, 2015 and served as retirement allowances of 5,746,178 won and from October 1, 2013 to May 31, 2015, and did not pay KRW 9,433,653, respectively, within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without any agreement between the parties on the extension of the payment date.

(c)

An employer in violation of the minimum wage law shall pay the workers subject to the minimum wage amount at least the minimum wage amount determined and publicly notified each year by the Minister of Labor, and shall pay the workers subject to the minimum wage amount at least 5,580 won per hour during the period from January 1, 2015 to December 31, 2015.

Nevertheless, the defendant at the above workplace from October 1, 2013.

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