beta
(영문) 대전지방법원 2018.02.21 2017나109517

구상금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 13,002.

Reasons

Basic Facts

Non-party B and C worked as a public health doctor at the E Hospital in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “E Hospital”). From June 1, 2015 to August 9, 2015, Non-party B and C were not paid remuneration from June 1, 2015. The amount is KRW 6,569,840 ( KRW 4,54,350, KRW 45,810, KRW 45,810, KRW 137,420, KRW 1,832,260, KRW 6,432, and KRW 420 in the case of C (this salary).

On February 26, 2016, the Plaintiff paid KRW 6,569,840, and KRW 6,432,420 to B, respectively, according to the recommendation of the Anti-Corruption and Civil Rights Commission that the amount corresponding to the above remuneration should be paid to B and C.

However, the defendant, who is a doctor, lent the registration name of the establishment of the E Hospital to the non-party F, who is not a doctor, and the F exclusively operated the E Hospital.

Accordingly, on July 19, 2017, F was sentenced to a two-year verdict of suspended execution on July 19, 2017 due to the violation of the Labor Standards Act that the actual manager of E Hospital delayed payment of wages to workers employed in the said workplace. This was finalized on July 27, 2017.

(S) On September 12, 2016, the Defendant was indicted on the charge of violating the Labor Standards Act that he/she had been in arrears with the wages of other employees who were employed in the hospital and retired. However, on September 12, 2016, the Defendant was sentenced to acquittal on the ground that he/she appears to have established and operated an E hospital under the name of the Defendant following the Defendant’s employment.

(S) The Plaintiff, on behalf of the Defendant, filed an appeal with the Daejeon District Court No. 2015Gohap1251, and the Prosecutor appealed with the Daejeon District Court No. 2016No2567, but the appeal on November 30, 2017 became final and conclusive by a judgment dismissing the appeal on the grounds of recognition). [The grounds for recognition]] The facts that there is no dispute, Gap evidence Nos. 1 through 3 (including each number), Eul evidence Nos. 1 through 11, the purport of the entire pleadings, and the assertion of the purport of the entire pleadings, and the argument for judgment,