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(영문) 제주지방법원 2020.12.10 2019노1086
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is that the defendant paid all wages of 5,670,000 won to workers E, but the court below found the defendant to have not paid wages to E and found the defendant guilty of this part of the charges. In so determining, the court below erred by mistake

2. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly adopted and examined, the lower court convicted the Defendant of the instant charges that the Defendant did not pay the total amount of KRW 5.7 million from March 21, 2016 to May 17, 2016 of E-employee E who worked as a field of the construction of a Ri set at Jeju City from March 21, 2016 to May 2016, without agreement, within 14 days from the date of retirement.

On April 10, 2016, the Defendant asserted that the F account was deposited into the F account on or around April 10, 2016, and that the remainder of the wages was paid in cash.

B. The lower court found the Defendant guilty on the facts charged in the instant case to the effect that: (a) there was no evidence supporting the Defendant’s payment in cash; and (b) the amount transferred to the F account did not reach KRW 33 million for the construction payment that the Defendant paid to E in addition to the wage; (c) the amount of the construction payment that the Defendant paid to E in lieu of the wage falls short of KRW 33,00,000 (the Defendant agreed to pay in lieu of the Defendant the construction payment that was due and not paid in the vicinity of the Defendant’s place of business around August 2015).

C. We examine the case. ① Even based on the Defendant’s assertion, most of the wages were paid in cash, and there is no other objective evidence corresponding thereto, ② E stated from an investigative agency to the court of the court below that it did not receive wages from the Defendant consistently, and such statement is the money remitted.

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