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(영문) 수원지방법원 2019.09.26 2019고정466
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the representative director of C Co., Ltd. (hereinafter “instant company”) in Ansan-si, who runs educational service business using 20 full-time workers.

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

Nevertheless, the Defendant is working from November 15, 2016 to November 16, 2017 at the same place of business (hereinafter “instant private teaching institute”).

A retired worker D’s total wage of 8,576,530 won (hereinafter “D, etc.”) of 313,420 won including wage (extensions, night work allowances) on December 2016, 201, including (attached Form) 8,576,530 won was not paid within 14 days from retirement without an agreement on extension of the due date between the parties.

2. Determination

A. Evidence that there is a criminal fact in criminal procedure shall be presented by the prosecutor, and even if the defendant's indictment is unreasonable and false, it shall not be disadvantageous to the defendant, and the proof of criminal fact must have a judge have a high probability to recognize it to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction to the extent that there is no evidence to establish such a degree, it is doubtful that the defendant is guilty.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2007Do163 Decided November 30, 2007, etc.). B.

In light of the above legal principles, comprehensively taking account of each evidence duly adopted and examined by this court, including the following: (a) the president of the instant private teaching institute, E, F, and G’s respective legal statements, the fact that the president of the instant private teaching institute, upon delegation from the Defendant, employs D, etc. as a life guidance teacher of the instant private teaching institute; and (b) E prepares a labor contract on August 10, 2017.

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