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(영문) 광주지방법원 2016.01.27 2015고정1509

근로기준법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a representative director of D Co., Ltd., Ltd., located in South and North C, who employs eight full-time workers and engages in construction business.

The Defendant did not pay the total of KRW 480,00,00,00 of the wages, etc. of workers E, who were employed in the said stock company D from June 24, 2013 to July 11, 2013, within 14 days from the date of retirement without agreement on the extension of the payment deadline, and did not pay the total of KRW 5,930,00,000, who were employed in the said stock company D, as shown in the list of crimes in the attached Table, without agreement on the extension of the payment deadline.

2. The purport of the Defendant’s assertion is that the Defendant only left the F’s fence reduction work at the F Repair Work site, one of the unclaimed construction work site, and it is not an employer under the Labor Standards Act, since each employee is not employed.

3. Determination of employers under the Labor Standards Act ought to be made by comprehensively considering the direction, supervision, payment of remuneration, etc. based on actual labor relations, regardless of the type of contract or content of relevant laws and regulations.

According to the evidence duly adopted and investigated by this Court, the following facts can be acknowledged:

The defendant awarded a contract to E on the basis of daily personnel expenses per person because it is impossible to compute the construction amount due to the construction area.

was stated.

Even in the personnel expenses statement received from the site, only the total amount of E's name and the amount to be paid by the defendant was included in the unfold C Team.

The Defendant paid KRW 6 million to E on August 27, 2015, which was completed by the Corporation, and E only distributed KRW 6 million to five (5) persons among nine (9) meritorious deeds, excluding himself/herself, and filed a petition with the Labor Welfare Corporation as the remaining four (4) persons did not have any percentage.

Unclaimeds other than E shall not receive wages.