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(영문) 서울서부지방법원 2016.12.22 2016노1318
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: (a) the Defendant agreed to pay 1.5 million won for D and monthly salary; (b) the Defendant paid performance rates or beams to be paid only at the time of employment for at least one year; and (c) as D’s retirement from office only for eight months, D should return performance rates and beams paid in advance to the Defendant; and (d) the Defendant did not pay payment for May 2015 for the settlement of money to be returned and the amount of wages to be paid on May 2015; and (b) the lower court convicted the Defendant of the instant facts charged.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., D, an employee, consistently up to the court of the lower court’s trial, determined KRW 2 million at the time of concluding a labor contract with the Defendant, and accordingly, paid some of the remainder benefits except for the benefits paid on May 1, 2015, from August 18, 2014 to May 13, 2015, but received KRW 200,000 in total. The lower court, based on 100,000 won and 1.50,000 won in 20,000 won in 200,000 won in 200,000 won in 200,000 won in 20,000 won in 20,000 won in 20,000 won in 20,000 won in consideration of the fact that the Defendant and 50,000 won in 20,00 won in total were paid.

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