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(영문) 창원지방법원 진주지원 2016.05.24 2015고단233
근로기준법위반
Text

Of the facts charged in the instant case, the number 20 and 40 per annum of the daily list of crimes listed in the attached hereto, excluding each worker.

Reasons

Parts of innocence

1. The summary of the facts charged is an employer who runs a construction business by ordinarily employing more than 100 workers in Changwon-si C, Changwon-si, Changwon-si C.

Defendant did not pay KRW 2,975,00 in December 31, 2013, which served from the above D to December 31, 2013, as well as KRW 1 to 19,21 through 39, and 41 to 53 in attached Table 2013, respectively, within 14 days from the date of retirement without any agreement between the parties to the extension of the payment deadline.

2. Article 36 of the Labor Standards Act provides that an employer is an employer. Article 2(1)2 of the Labor Standards Act provides that "employer" refers to an employer, a person in charge of business management, or a person who acts on behalf of an employer with respect to matters relating to workers, and "person in charge of business management" refers to a person who represents or acts on behalf of the employer with a comprehensive delegation from the employer for all or part of business management, and "any other person who acts on behalf of the employer with respect to matters relating to workers" refers to a person who acts on behalf of the employer with a certain authority and responsibility with respect to the determination of working conditions, such as workers' personnel management, wages, welfare, labor management, etc., or an order or direction for business management, etc. (see, e.g., Supreme Court Decision 2005Do8364, May 11, 2006). The representative director of a stock company represents a company externally and externally, and thus, constitutes a person in charge of business management (see, e.g., Supreme Court Decision 2007Do107.

A. Key issue is the facts charged in the instant case.

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