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(영문) 수원지방법원 2018.12.20 2018고정1287
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is an individual business operator who executes electrical construction at a construction site located at the port of Yongsan-si, and is an employer.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Defendant 3 had worked from May 27, 2017 to September 30, 2017 at the above construction site, and had not paid the total of KRW 12,035,000 for six workers within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned in September 2017, 2017, and did not pay the same within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned.

2. Determination

A. The Defendant was not only an employer who hired workers C, D, E, F, G, and H (hereinafter “instant workers”) but also an employee.

The argument is asserted.

B. The following facts are acknowledged in full view of the Defendant’s partial legal statement, witness I’s witness I’s legal statement, the Defendant’s second police interrogation protocol, the police statement of the J against the Defendant, the statement of the police statement of the J (the fourth page of the evidence record), the submission of documents related to the construction status (Evidence No. 15 page of the evidence record), the written agreement of the Corporation’s implementation (Evidence No. 17 page of the evidence record), the contract statement (the 18 page of the evidence record), the letter of contract performance guarantee (Evidence No. 63 of the evidence record), the second submission of documents related to the Corporation (Evidence No. 70 page of the evidence record), each financial transaction statement, the Defendant evidence No. 2 and 3.

1) K Co., Ltd. (hereinafter “K”) was an order site or original contractor of the Electric Installations Construction Work (hereinafter “instant Construction Work”) among drug storage construction works conducted at the construction site located in G in Chungcheongnam-si (hereinafter “instant construction site”), and L Co., Ltd (hereinafter “L”) was a sewage supplier.

L is the construction of this case to the defendant around May 19, 2017.

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