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(영문) 인천지방법원 2018.11.02 2018고정1079

근로기준법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant, as a representative of the Bupyeong-gu Incheon Bupyeong-gu Council for the Representatives of Residents of Apartment B, is an employer who has overall control over the above apartment management by using 40 full-time workers.

Although wages are paid at least once a month on a fixed date, the Defendant did not pay the total of 14,276,950 won for three workers as indicated in the attached Table of Crimes, including that the Defendant did not pay the total of 3,730,080 won for April 25, 2016, which was employed as the managing director from November 1, 2003 as wages in the above apartment complex.

2. Determination

A. The instant workers are those employed by D Co., Ltd., which entered into a delegation management contract with the representative meeting of occupants of the instant case, to perform entrusted duties, and the Defendant was in an employer position for the instant workers during the pertinent consignment management contract period.

It is difficult to see it.

B. After the termination of the above consignment management contract, the Defendant had the instant worker work in accordance with the Incheon Regional Labor Relations Commission (hereinafter “NU”)’s order to remedy the damages (on the original reinstatement) and the Defendant’s temporary and temporary termination of the employment relationship had not existed at the beginning.

and the following, a new labor relationship has been established in light of the intent of the parties, whether to provide labor or not:

shall not be deemed to exist.

1) The Labor Relations Commission’s order of remedy is merely a public law obligation to obey the order of remedy to the employer, and does not directly create or alter a private legal relationship between the employee and the employer (see Supreme Court Decision 2009Da86246, Oct. 13, 201, etc.). The establishment of labor relations can be acknowledged when there exists a mutual agreement between the parties to the order of remedy and the other party that the employee will provide labor temporarily and temporarily and the other party will pay wages as a consideration.

2) The Defendant’s consolation.