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(영문) 서울서부지방법원 2015.11.19 2014고정1201
근로기준법위반
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The Defendant and C in the facts charged are users who operate a restaurant jointly with the E-cafeteria in Seodaemun-gu Seoul Metropolitan Government and ordinarily with three workers.

Defendant and C conspired with each other on November 6, 2013, the Defendant and C did not pay KRW 5,520,000,000 as wages for two workers, including wages of KRW 1,80,000 on September 9, 2013, wage of KRW 720,000, wage of KRW 1,800,000 on October 2013, 2013, wage of KRW 50,000 on September 9, 2013, wage of KRW 2,50,000 on October 2, 2013, without agreement on extension of the payment date between the parties.

2. Among the evidence submitted by the Prosecutor, there are the witness C, H’s legal statement, F, G, I’s statement in the third protocol of the trial, F, G, and I’s police statement, each of the documents presented by the Prosecutor, and each of the documents presented by the Prosecutor.

However, comprehensively taking account of the following circumstances acknowledged by the record, Defendant cannot be deemed as an employer obligated to liquidate money and valuables as prescribed in Article 36 of the Labor Standards Act, and it is difficult to recognize that the instant facts charged are proven beyond reasonable doubt.

Workers F and G stated that “the Defendant was aware that he operates a restaurant in the same manner as C and C, and all the Defendant and C have become the president,” but they do not know exactly who is the actual president.

(b) F and G were employed after an interview with C, set the working conditions in consultation with C, work in accordance with C’s work instruction, and received wages from C.

C. The Defendant was at a Ecafeteria, and the restaurant was not written at all, and the F and G did not give work instructions.

All the importations of E-cafeterias have brought C. D.

C was introduced by the defendant and transferred the E-cafeteria building from I.

C was trying to operate a restaurant with H and Dong businesses, but H did not prepare a partner's money.

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