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(영문) 청주지방법원 제천지원 2016.12.22 2016고정32
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant, from February 4, 2008, is an employer who provides educational service using 25 full-time workers while serving as the president of a school foundation F of the school juristic person to which E schools in Incheon City belong.

An employer shall directly pay wages to workers in currency at least once a month on a fixed date.

Nevertheless, the Defendant did not pay KRW 539,980 out of G’s wages of 1,339,980 on March 3, 2011, when he/she worked as a professor at the above E school, on March 25, 2011, and did not pay KRW 18,662,920 on the 25th of each month, which is the regular payment date, as shown in the attached crime list, from March 201 to July 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of suspect suspect by the police of the defendant, H, and I

1. The police statement concerning G;

1. Application of a letter of payment, a letter of payment, a payment of wages, and a withdrawal of delayed payment, an annual salary contract, teachers' personnel management regulations, a faculty lecture, the articles of association of a school foundation and a copy of the statutes governing the success

1. Relevant Articles 109(1) and 43 of the Labor Standards Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Determination as to the assertion by the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. Determination as to the allegation of denial of employer status

A. According to the articles of incorporation of a school juristic person F.C. F. (hereinafter “instant articles of incorporation”), the Defendant, the president of a school juristic person F.C. F. F. F. F. (hereinafter “instant articles of incorporation”), cannot be deemed an employer of G, the professor of E.C., inasmuch as the instant articles of incorporation directly provides for E.

B. In full view of the following circumstances admitted by the evidence as seen earlier, the Defendant.

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