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(영문) 의정부지방법원 고양지원 2016.05.20 2015고정1216
여객자동차운수사업법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【2015 High Court Decision 1216】

1. The Defendant is a trucking business operator who has violated the Passenger Transport Service Act: (a) D in Seo-gu, Seoyang-gu, Seoyang-si.

No transport business operator shall allow any person who is not a transport business operator to run passenger transport service using his/her commercial motor vehicle.

Nevertheless, around July 2013, the Defendant entered into a contract on the condition that he receives KRW 400,000 per month from E, who is not a trucking business operator, with respect to the business of the above company, as a deposit fee, at the above (State) D office around July 2013, and E used a F-based franchise motor vehicle, which is a commercial motor vehicle located in the above company from around that time to August 27, 2013, and operated a passenger transport business under the name of (State) D passenger transport business using a commercial motor vehicle, which is a commercial motor vehicle located in the above company, from August 28, 2013 to August 31, 2014.

On August 9, 2013, the Defendant entered into a contract on the condition that he receives KRW 400,000 per month from H, who is not a trucking business operator, with respect to the business of the above company, as an admission fee, at the above (State) D office, and H used I new transport business under the name of (State) a commercial motor vehicle affiliated with the above company from around that time to January 9, 2015.

【2015 High Court 1305】

2. The Defendant in violation of the Labor Standards Act is an employer who runs a transportation service business using six full-time workers, who are full-time operators of D Co., Ltd. located in Gyeyang-gu, Gyeyang-gu. J.

A. The Defendant did not pay KRW 9,093,547 as well as KRW 3,367,741 of K’s wages retired while working for the said company as an employee from October 25, 2014 to March 25, 2015, within 14 days from each retirement date without an agreement on the extension of payment date between the parties concerned, as shown in the list of crimes in the attached Table.

B. The Defendant’s wages in entering into a contract with L on October 24, 2014 at the above company.

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