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(영문) 서울남부지방법원 2018.01.09 2017고단3828
근로기준법위반등
Text

1. As to the crimes No. 1 and No. 2 in the judgment of the defendant, fines of KRW 500,000 and fines of KRW 1,50,00 for the crimes set forth in the judgment of the defendant.

Reasons

Punishment of the crime

The defendant, as the actual operator of the LAB, the LAC, and the LAD, committed the following crimes while operating the above companies:

1. The Defendant is a user who is the actual operator of the Guro-gu Seoul Metropolitan Government EM building No. 5th 1101, and has run a wholesale and retail business using 25 full-time workers.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

The Defendant was employed as an employee by joining the above company on July 7, 2015, and did not pay KRW 2,235,480,000 as wages to F retired around October 12, 2016, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

The Defendant, who was employed as an employee of the foregoing company on July 7, 2015, did not pay KRW 2,043,090 of retirement allowances to F retired on October 12, 2016, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

2. The Defendant is the actual operator of the Guro-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., which is an employer who has been engaged in the prepaid-related opening service business by using 15 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

The Defendant worked as an employee for the foregoing company on July 1, 2016, and did not pay KRW 3,323,621 to H that retired on February 11, 2017, within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the payment deadline.

3. Crimes related to the LIMD.

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