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(영문) 서울중앙지방법원 2015.05.21 2014고정2572
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is an employer who employs 45 full-time workers in the trade name of “stock company E” on the second floor of the Gangnam-gu Seoul Metropolitan Government D Building and operates a software development company.

The Defendant is working at the same workplace from November 28, 2012 to January 12, 2013.

With respect to retired workers F, the total amount of 28,045,161 won, including the wage of 6,000,000 won on December 12, 2012, was not paid within 14 days from the retirement without any agreement on extension of the due date, as shown in the attached list of crimes.

2. Determination

A. According to the evidence submitted by the prosecutor, the following facts are acknowledged.

(1) On August 24, 2011, Company E subcontracted part of the services for the establishment of the integrated information system for the next generation of G University (hereinafter “GGGGG projects”). From September 26, 201 to February 1, 2012, Company E entered into each development contract on F, CY information technology, Lurter, H, I, and GJ projects between Company E, and three companies, including J, and Lururter, Company H, respectively.

(2) During the period from July 2, 2012 to August 1, 2012, E entered into an extension contract with F, Inc. for extending the period from December 31, 2012 to December 31, 2012. On July 1, 2012, K and the term of the contract were set as the end of December 31, 2012, and newly entered into a development contract for G substitute project (hereinafter collectively referred to as “each of the instant contracts”).

(3) In the event that the subcontract related to the GGG project was terminated, the company E requested the F, J, K, H, and I (hereinafter “five persons, such as F, etc.”) to incorporate part of the L University Department’s integrated information system construction project (hereinafter “LG project”) that was being subcontracted from the F, K, H, and I at the time. Five persons, such as F, etc., are attached thereto.

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