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(영문) 서울북부지방법원 2016.04.22 2014고정1140
임금채권보장법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person running (ju) D, a company that wholesales construction materials in Dongdaemun-gu Seoul Metropolitan Government.

In order to raise the money to be used to repay his/her own debt, the Defendant was willing to receive substitute payments in the name of another person by using an opportunity to demand substitute payments to his/her employees on the grounds of bankruptcy with respect to E.

On January 201, 201, the Defendant prepared documents necessary for filing an application for substitute payment under the name of G and H, as if there were wages not paid, at a minor place, and the labor company F work as a worker of G and H, and submitted them to the Seoul Eastern Branch Office of Seoul Labor Branch, which is located in 135, as Seoul Songpa-gu.

However, G and H did not have any wages that were not paid and that were not paid.

As above, the Defendant managed KRW 13,500,000 in total as substitute payment paid to G related to January 15, 201, and KRW 6,300,000 in substitute payment paid to H on February 7, 2011.

G and H’s account was received.

2. Determination

A. According to the evidence submitted by the prosecutor, the following facts are acknowledged.

(1) Since October 1, 2006, G was serving as an employee of D (hereinafter “D”) operated by the Defendant from around October 1, 2006, H received subcontracting from D and continued construction and received the payment from D.

(2) On January 12, 2011, G filed an application for a substitute payment with the payment of wages that was not received from the insolvent Co., Ltd. E (hereinafter “E”) through Labor Company F, and accordingly, the substitute payment was paid in KRW 7.2 million.

(3) On January 28, 2011, H also filed an application for a substitute payment on the same ground as G through Labor Company F, and accordingly, 6.3 million won of the substitute payment was paid.

(4) Meanwhile, the name of G on January 15, 201.

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