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(영문) 광주지방법원 목포지원 2018.01.12 2017고정353

근로기준법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant, as the D representative director of a social welfare foundation C in the instant facts charged, is an employer who operates rehabilitation facilities for homeless persons using 11 full-time workers.

An employer may file a petition for review with the National Labor Relations Commission within ten days from the date when he/she has been notified of an order for remedy by the Regional Labor Relations Commission, and may institute a suit pursuant to the Administrative Litigation Act within fifteen days from the date when he/she has been notified of an order for remedy by the Central Labor Relations Commission.

If a petition for review is not filed within the above period or an administrative litigation is not filed, the remedy order or re-adjudication shall be determined, and the employer shall comply with the final remedy order.

Nevertheless, on May 27, 2016, the Defendant received a written re-adjudication from the National Labor Relations Commission to pay an amount equivalent to the wages that could have been paid if he/she would have worked normally during the period of dismissal, and did not institute an administrative litigation. On June 12, 2016, the aforementioned re-adjudication ruling (hereinafter “instant re-adjudication ruling”) became final and conclusive, and did not receive the amount equivalent to the wages that he/she could have received if he/she had worked normally during the period of dismissal.

2. The above facts charged are premised on the fact that the defendant was aware of the fact that he had received the decision of reexamination of this case as the representative director of social welfare foundation D, and the defendant was appointed as the representative director of the above corporation at the time, but Eul's labor, etc. was under the jurisdiction of D, which is a facility affiliated with the above corporation, and he was aware of the fact that the decision of reexamination became final and conclusive because he was not involved in the operation of the above facility in this case.

Therefore, this paper examines all the evidence presented by the prosecutor.