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(영문) 인천지방법원 2015.05.29 2014고정2881
근로기준법위반
Text

1. The defendant is not guilty. 2. The defendant will notify the defendant of the summary of the judgment.

Reasons

1. The summary of the facts charged is the actual representative of E Co., Ltd. (E) with the second floor of the building in Seo-gu Incheon Metropolitan City (hereinafter “E”), who runs construction and mid-term lending business using four full-time workers.

The Defendant did not pay the sum of FF’s wages of October 3, 2013, which were worked from August 20, 2013 to November 13, 2013 at the same place of business, KRW 1,509,186 (total 5,120,407 won), KRW 3,961,610, and KRW 4,000,00 (total 7,961,610 won) in November 2013, and KRW 13,082,017 in November 14, 2014 without agreement between the parties on the extension of the payment date.

2. Determination

A. In determining whether a contract constitutes a worker under the relevant legal doctrine, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, or a subordinate relationship to an employer for the purpose of wages in substance, the determination of whether a worker provided labor in a business or a workplace for the purpose of wages should be made based on whether the contract is in substance. In determining whether a subordinate relationship exists, the contents of the work are determined by the employer and shall be subject to rules of employment, service regulations, personnel regulations, etc., whether the employer is specifically and directly directed and supervised by the employer in the course of performing the work, whether the working hours and the place of work are designated by the employer and are detained by the employer, whether the worker owns the work, such as substitution of the work, ownership of equipment, raw materials, work tools, etc., whether the remuneration has the characteristic of the work itself, whether the basic pay or fixed wage is determined, and whether the wage is withheld from the wage and salary income tax, and whether the relationship is exclusive to the employer and the continuity

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