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(영문) 서울중앙지방법원 2016.05.19 2015고정1135
근로기준법위반
Text

Defendants are not guilty, and the summary of the above judgment is publicly notified.

Reasons

1. The summary of the facts charged is the user who ordinarily employs 8-11 representatives from June 1, 2009 to May 31, 201; Defendant B from June 1, 201 to May 31, 201, and Defendant C from June 1, 2013 to June 1, 2013, and Defendant C operates multi-family housing controlled entities, respectively.

Wages shall be paid in full directly to workers in currency at least once a month on a fixed date.

A. Defendant A did not pay the full amount of KRW 3,169,402 in the currency on May 25, 201, as well as KRW 1,043,134 of G workers employed at the said workplace, as well as KRW 3,169,402 for the total three workers, as shown in the list of crimes in the attached Table (1).

B. Defendant B did not pay the full amount of KRW 80,679,127 in currency on June 25, 201, as well as KRW 1,043,134 on June 6, 201 of G workers who worked in the said workplace, as well as KRW 80,679,127 in total for three workers, as in the list of crimes in the attached Table (2).

(c)

Defendant

C The Defendant did not pay the total of 168,288,913 workers’ wages, including the total of 50,850,395 won of G wages of workers who retired from the above workplace, within 14 days from the retirement without an agreement on extension of payment deadline, as shown in the attached Table of Crimes (3).

2. Determination

A. In principle, when an employer concludes a labor contract, he/she shall determine the basic wage for the worker and pay an additional allowance based thereon. However, in cases where he/she concludes a wage payment contract based on the so-called comprehensive wage system with the content that the sum of the allowances is determined as a monthly wage or daily wage, or that a certain amount is paid as an allowance, without calculating the basic wage in advance, in consideration of the working hours, forms and nature of the work, and the intent of the employee to work, etc.

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