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(영문) 전주지방법원 2019.05.09 2018고정561
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the chief director of the C Cooperatives in Jeonju-si B, who runs transportation business by using approximately 70 full-time workers.

An employer shall perform a decision on reexamination, the contents of which are the final and conclusive order for remedy by failing to institute an administrative litigation within 15 days from the date the written decision on reexamination of the National Labor Relations

The Defendant did not institute an administrative litigation within 15 days from April 18, 2018, with respect to the application for unfair dismissal filed by two persons, such as D workers employed on August 1, 2016 and E employed on August 1, 2017, who were expelled on September 5, 2017, while serving as a member of the above workplace, and dismissed on August 1, 2016, with respect to the application for unfair dismissal filed by two persons, including E employed on September 28, 2017.

Accordingly, even though the ruling of retrial became final and conclusive on May 4, 2018, the defendant did not comply with it.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes, a written accusation, a summary of each judgment, a report on the state of non-performance, review of implementation of an order for remedy

1. Articles 111 and 31(3) of the Labor Standards Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. Defense counsel's assertion;

(a) A cooperative is a taxi cooperative established on the basis of the Framework Act on Cooperatives;

Such taxi cooperatives, unlike general taxi companies, have a structure where all members work together and distribute profits therefrom. Thus, there is no concept of "employer" and there is no concept of "worker", but only there is a "member".

Therefore, the Defendant.

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