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(영문) 대전지방법원 2014.05.23 2013고정2041

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Although the Defendant paid wages to workers at least once a month with the actual managers of the D Co., Ltd. located in Daejeon Seo-gu, Daejeon, on a fixed date, the Defendant did not pay the total of KRW 9,000,000 for workers E’ wages from September 10, 2012 to November 10, 2012 (monthly wages of KRW 3,000,000 for August to October 3, 2012), the total of wages of KRW 6,90,000 for workers F (monthly wages of KRW 2,30,000,000 for August to 3, 2012; KRW 7,50,000 for workers’ wages (monthly wages of KRW 2,50,000,000 for KRW 2,50,000 for workers’ wages; KRW 30,000 for three months from August 10, 2012 to KRW 30,300 for workers’ wages of KRW 300.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement on witness E, F, G, and I;

1. A written statement (not more than 275 pages of investigation records);

1. Each employment contract;

1. A report on the receipt of data (work-based data);

1. Determination of the Defendant’s assertion of investigation report (the Defendant’s report on confirmation of telephone conversations, H)

1. The Defendant’s assertion E, F, G, and H (hereinafter “instant workers”) merely had an employment relationship with I, other than the Defendant, and it cannot be acknowledged that the instant workers actually worked for D Co., Ltd (hereinafter “D”) for the same period as indicated in the facts constituting a crime. The instant workers were actually paid the said wages.

2. Determination ① Whether a person is an employer who is obligated to pay wages and retirement allowances for a certain employee should be based on the actual labor relationship regardless of the form of a contract or the content of relevant laws and regulations (see, e.g., Supreme Court Decision 97Da56235, Feb. 9, 199). According to the evidence of the judgment, the instant employee is employed as a DNA employee at the time when I serves as a DNA representative director and entered into each labor contract with D, and thereafter I retire from office as a DNA representative director around August 2012, and is registered as a J representative director in the corporate register.