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Reasons
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(영문) 전주지방법원 군산지원 2018.11.14 2018고정207
근로기준법위반
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd., which is located in Isan City B, and is an employer who ordinarily employs five workers and operates luminous siren manufacturing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW D’s total amount of KRW 782,60 on August 1, 2015 through January 31, 2018; KRW 391,300 on September 391, 2016; KRW 391,300 on November 391, 2016; KRW 234,780 on December 234, 2016; KRW 704,340 on March 7, 2017; KRW 600 on April 782, 2017; KRW 391,30 on May 391, 200; KRW 547, June 547, 2017; KRW 820 on July 39, 2017; KRW 300 on the payment; KRW 858,78,208; KRW 167,78,207 on the payment within the agreed date.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol concerning the defendant and D;

1. Details of labor contracts, corporate cards, details of cash use, and business trips from overseas;

1. Determination of whether the form of contract constitutes a worker under the Labor Standards Act is an employment contract, a contract, or a delegation contract, should be made depending on whether the actual labor provider provided labor in a subordinate relationship with the employer for the purpose of wages in the business or workplace, rather than whether the form of contract constitutes a worker under the Labor Standards Act.

Here, whether or not a subordinate relationship is determined by the employer, and is subject to the rules of employment or service regulations, and whether or not the employer has considerable command and supervision during the performance of duties, and the employer has designated working hours and working places.

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