logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.04.14 2016고단2673
근로자퇴직급여보장법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a user who has resided in Yongsan-gu Seoul Metropolitan Government C lending and has employed victims D and has been in charge of the management, etc. of parking of C Borrowing.

The Defendant stated in CBD’s charges of KRW 7,90,00 of wages of the victim D retired from C lending from January 11, 2012 to October 4, 2015 as “the wage of KRW 7,90,000 for September 7, 2012.” However, on record, it is clear that D’s payment of the difference between the wage and the minimum wage during his/her service period is the amount calculated, and there is no hindrance to the Defendant’s exercise of his/her right to defense, thereby recognizing it ex officio. The Defendant did not pay KRW 3,703,90 within 14 days from the date of his/her retirement without an agreement on the extension of the payment period between the parties.

[Determination as to whether a worker is a worker under the Labor Standards Act ought to be made depending on whether a worker provided labor in subordinate relationship for the purpose of wages and the other party paid wages in return.

① The 19-household generation was introduced Da in order to have difficulty in parking management and door-to-door keeping, etc.: (a) the household 19-household 10,000 won was transferred to Da in order to repair the person who will be in charge of these tasks; (b) from 8:00 to 19:00,000; (c) from 15:0,000 to 3:00,000,000 won was in charge of parking management, door-to-door distribution management, garbage separation and collection; and (d) from 19:0,000 to 4:00 won was transferred to Da in line with the average of 19 households every month; and (d) even if the household 19-household 19-household did not specifically instruct Do in detail, it was due to the nature of the work continuously conducted; and (d) the household’s comprehensive instructions for performing its duties were given to Do Governor 19,500,00.

arrow