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(영문) 청주지방법원 2018.05.17 2018고정112
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who actually operates D Co., Ltd. (hereinafter “D”) in Sejong-si.

When a worker dies or retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the due date for such payment has been extended by mutual agreement between the parties concerned.

Nevertheless, even though the Defendant worked as miscellaneously at the place of business of the pertinent company located in Seocho-gu from November 5, 2013 to September 22, 2015, the Defendant did not pay the wages of 1,700,000 won on November 2013, 2013, wages of 1,100,000 won on December 2, 2013, wages of 90,000 won on February 3, 2014, wages of 1,50,000,000 won on March 3, 2014, wages of 1,70,000,000 won on April 1, 208, 200, wage of 420,000 won on July 420, 2014, wage of 200,000 won on August 20, 2000, 305, 2015.

2. In full view of all the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant and the worker F (hereinafter “F”) did not have an agreement to offset F’s wages and D’s cost of using equipment.

It is difficult to readily conclude.

Therefore, the evidence presented by the prosecutor alone proves that the defendant committed the instant crime with the intention to pay the F's overdue wages, etc. after his retirement, without reasonable doubt.

It is difficult to see, and there is no other evidence to acknowledge it.

A. F was drafted around November 5, 2013 to September 22, 2015 at D’s workplace. The relevant labor contract was drafted around June 2015.

A daily allowance for F is KRW 100,000 and KRW 20,000,000 for transportation of vehicles, respectively, in the above labor contract (F is 150,000 per day in its D).

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