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(영문) 대구지방법원 2014.01.08 2013고정1703
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The defendant of the facts charged

C. The representative of the D Language Institute on the third floor is an employer who operates a private teaching institute business with five regular workers.

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

Provided, That the date may be extended where the parties have agreed on the grounds of special circumstances.

Nevertheless, the defendant works as an English instructor at the above workplace.

On March 30, 2012, E’s wage (special lecture fee) retired on January 1, 2012, 200 KRW 24,00,000 x 0.3,00 won x 200,00 won x 1 month x 24,000 x 1,000 x 2,160,000 x 24,000 x 1,000 x 2,000 x 1,000 x 2,160,000 f.3,00 won as an English private teaching institute at the same place of business.

On March 9, 2012, the wage (special tuition) of the retiredF on January 1, 2012, plus KRW 1,120,00,00, and KRW 560,000 on February 2, 2012, KRW 1,680,000, KRW 200,000 x 0.3 = 90,000 won x 200,000 x 13 students of the special course of law in February 1, 200 = 1,680,00 won x 2,00,00 won x 7,880,00 won x 2,00 won x 1.68,00 won x 7,00 won x x 2,00 won has not been paid within 14 days from the date on which the cause for payment occurred without an agreement between the parties.

2. Determination

A. The Defendant’s obligation to pay the special lecture fees did not have any record of paying the special lecture fees to the instructors while operating the previous private teaching institute. However, the Defendant asserted that the Defendant did not agree to pay 30% of the special lecture fees for the students claimed by the victims as the special lecture fees in the form of Boners when the management status is good.

According to each evidence duly adopted and examined by this Court, G, the vice president of the defendant's driving school, will be operated during the wintering period for the defendant.

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