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(영문) 서울행정법원 2020.01.16 2019구합64518
명단공개 및 체불자료제공(신용제재)자 선정 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation that operates chartered passenger transport business, etc. in Busan Suwon-gu B and C.

B. D, the representative director of the Plaintiff, was issued a summary order from the Busan District Court’s branch branch to the violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act due to delayed payment of wages, retirement allowances, etc., and each of the above summary orders became final and conclusive.

The amount of fine in arrears on the date of issuance of the summary order was settled on June 19, 2013 with the amount of fine in arrears in Busan District Court Decision 201 High Court Decision 7871, Dec. 31, 2012, E’s wages 1,989,660 won in December 17, 2013.

300,000 Busan District Court's East Branch's 2014 Highest 7308, Dec. 5, 2014; F, etc.'s wages and retirement allowances of KRW 14,514,650 on February 5, 2015; advance notice of dismissal of KRW 1,100,000; Busan District Court's East Branch's 2,50,000,000 Busan District Court's East Branch's 2014 Highest 9520 on March 13, 2015; and the delayed payment of KRW 15,310,652 on H, etc.'s wages and retirement allowances of KRW 15,310,652 on April 13, 2015.

3,500,000 won

C. On December 23, 2016, the Defendant, following deliberation and resolution by the Deliberation Committee on Information on Overdue Wages on Wages, etc., on December 28, 2016, on the ground that: (a) the Plaintiff, the representative director of the Plaintiff, delayed payment of wages, etc. on at least two occasions within the three years prior to the date on which the disclosure was made; and (b) the Plaintiff, who was found guilty on at least two occasions, was 30,925,302 won on the ground that the total amount of overdue payment of wages, etc. within one year prior to the date on which the disclosure was made (i.e., KRW 14,514,650, KRW 1,100,000, KRW 15,310,652); and (c) was selected as the Plaintiff as the person providing data on overdue payment pursuant to Articles 43-2 and 43-3 of the Labor Standards Act (Evidence No. 5); and (d) provided data on overdue payment to a centralized.

(hereinafter “instant previous disposition”) D.

On March 10, 2017, July 20, 2018, July 26, 2018, and December 13, 2018, the Plaintiff requested the Defendant to exclude the Defendant from the disclosure of the list and the provision of data on delay in payment. However, the Defendant rejected all of the above requests. This case’s refusal notification as of April 12, 2019.

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