(영문) 서울중앙지방법원 2018.03.22 2017고단1648

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.03.22 2017고단1648

근로기준법위반등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is an employer who runs the wholesale and retail business of household goods in the name of “(main) E (hereinafter “instant workplace”)” in the Seocho-gu Seoul Metropolitan Government D D Building. From January 12, 2015 to September 30, 2016, the Defendant did not pay the total of KRW 8,281,044 of workers F’ wages and retirement allowances, including KRW 102,819,912, total of workers’ wages and retirement allowances, and KRW 102,819,912, without agreement on the extension of the payment date between the parties, within 14 days from the date of retirement where the cause for payment occurred.

2. Determination

1. The summary of the defendant's and his defense counsel's assertion is only the representative director under the name of the business place of this case, and there was no actual operation, and thus, the defendant does not bear the obligation to pay wages and retirement allowances under the Labor Standards Act or the Act on Guarantee of

The actual operator of the instant workplace is G and H.

2. Relevant legal principles

(a) Article 2 (Definition) (1) of the Labor Standards Act of the related Acts and subordinate statutes and the definitions of terms used in this Act shall be as follows:

2. The term "employer" means a business owner, a person in charge of business management, or a person who acts on behalf of a business owner with respect to matters relating to workers;

B. The term "user" under the Labor Standards Act means a business owner, a person in charge of business management, or any other person who acts on behalf of a business owner with respect to matters relating to workers, and the term "person in charge of business management" refers to a person who acts on behalf of a business owner with a comprehensive delegation of all or part of business management by the business owner, and externally represents or acts on behalf of the business owner. The former Labor Standards Act does not limit the employer as a non-compliance with each of the provisions of the same Act, but expands the former Labor Standards Act to a person in charge of business management.

유사 판례

-수원지방법원 안산지원 2018.06.14 2018고단239

-광주지방법원 2017.05.23 2017노388

-서울동부지방법원 2017.12.13 2017고단2232

-부산지방법원 2018.02.23 2017노3149

-인천지방법원 2018.06.29 2017고정3065