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(영문) 수원지방법원 2017.05.19 2016노712
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Workers in the lower judgment’s summary of the grounds for appeal (hereinafter “workers in the instant case”) were arbitrarily engaged in construction without any contractual relationship with the Defendant (which did not go through G), and the Defendant did not follow the direction of the Defendant, and thus, the Defendant did not have any obligation to pay wages.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the defendant concluded an employment contract with the workers as stated in the judgment below, and the workers of this case were employed as stated in the facts constituting the crime in the judgment below.

Therefore, the Defendant is obligated to pay wages to the instant workers.

(1) When the Defendant was examined by the suspect of the special judicial police officer of the site office of the Central Labor Office of Central and Medium Local Employment, the instant workers engaged in work at the construction site as stated in the lower judgment

The statements were made (33 pages of the evidence records), and whether the daily salary of the instant workers was high.

I have entered into a contract of KRW 150,000 per day to the question.

“The replyed “(34th page of the evidence record).” In telephone conversations with a labor supervisor, the person(s) is not entitled to receive wages.

“(13) At an investigative agency, the Defendant employed the instant workers, and expressed his attitude to recognize that there was a wage not paid to them (Evidence No. 69 page). ② The Defendant deposited KRW 10-300,000 to the instant workers (Evidence No. 20-23,69 page of the Evidence Records). The Defendant deposited the instant workers (Evidence No. 20-5 of the Evidence No. 20-23, 69 page). The Defendant “Negnging is 6.5 and the labor cost settlement is combined.

If consent is given, it shall be sent in writing with the head of the Tong number.

3. A copy of the work report (No. 19 page of the evidence record), a copy of the meal-related data (Evidence No. 48, 49 page of the evidence record), a copy of the work details (Evidence No. 50 page of the evidence record), a fact-proof certificate (Evidence No. 65 page of the evidence record), and the instant case.

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