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(영문) 광주지방법원 목포지원 2014.08.04 2013고정31
근로기준법위반등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant is a person in charge of business operation of a company with 20 full-time employees, working as the representative director of D Co., Ltd. located in Yong-Namnam Cancer from April 1, 2012.

From June 1, 2012 to August 31, 2012, the Defendant did not pay 5,000,000 won of wages E of retired workers who worked in D Co., Ltd. within 14 days from the date of retirement (2014 high-level98) and the attached list of crimes (1) to the employees’ wages and retirement allowances within 14 days from the date of retirement without any agreement between the parties concerned.

2. According to the evidence submitted by the judgment prosecutor, the fact that the defendant was appointed to the representative director of D Co., Ltd. on April 6, 2012 and the registration was completed on April 10, 2012 is recognized.

Article 2(1)2 of the Labor Standards Act provides that "employer" means a business owner, a person in charge of business management, or any other person who acts on behalf of a business owner with respect to matters relating to workers, and "person in charge of business management" refers to a person who acts on behalf of a business owner with a comprehensive delegation from the business owner for all or part of the business management, and externally represents or acts on behalf of a business owner with an external delegation from the business owner for all or part of the business management, and "any other person who acts on behalf of a business owner with respect to other matters relating to workers" refers to a person who is given certain authority and responsibility from the business owner with respect to the determination of working conditions, such

(see, e.g., Supreme Court Decisions 2007Do1199, Apr. 10, 2008; 2005Do8364, May 11, 2006). Witness F’s legal statement, witness G, and H’s each legal statement, the police interrogation protocol of the Defendant (2 times, 3-1, 39, 2014, 3-1, 39, 2014, and 163.

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