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(영문) 서울남부지방법원 2017.11.10 2016고정2472
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the C representative in Gangseo-gu Seoul Metropolitan Government who ordinarily employs 20 full-time workers and operates the loading and unloading business of agricultural products.

When an employer retires, he/she shall pay a retirement allowance within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the payment deadline.

Nevertheless, the Defendant did not pay KRW 4,645,273 of the retirement allowances of retired workers D, who were employed from the above workplace from November 5, 2012 to October 21, 2015, the total amount of KRW 9,075,270 of the retirement allowances of retired workers E, from February 21, 2010 to October 23, 2015, and were employed from March 6, 2010 to October 23, 2015, the amount of KRW 8,724,128, and the amount of KRW 3,314,070, and KRW 270 of the retirement allowances of retired workers during the period from March 6, 2010 to October 23, 2015 to each of the parties to retirement allowances within 3,14,070, and KRW 310,531,05,00 of the retirement allowances within each of the parties to retirement allowances.

Summary of Evidence

1. Each legal statement of the witness F, I, and J;

1. Job offer information inquiry [Defendant and defense counsel refers to the organization of individual operators who perform the work of loading and unloading agricultural products in the K K market, and Defendant is not the representative of the above organization and is not liable for the unpaid retirement pay.

The argument is asserted.

Article 109 and Article 36 of the Labor Standards Act are employers. Article 2 of the Labor Standards Act provides that "employer" means a business owner, a person in charge of business management, or any other person who acts on behalf of a business owner for matters concerning workers.

Here, the term "business owner" refers to the subject of business management, and the term "person who acts on behalf of a business owner with respect to matters relating to workers" refers to the determination of working conditions, such as personnel management, wages, welfare, and labor management, or orders, direction, or supervision over duties.

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