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(영문) 서울남부지방법원 2013.12.13 2013고정1813
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of E Co., Ltd. D at the time of strike and is the employer who runs a child book publishing business using 15 full-time workers.

The defendant in Seocho-gu Seoul Metropolitan Government E Co., Ltd. operates H Co., Ltd. in addition to E Co., Ltd., and G was formally affiliated with H Co., Ltd., but actually worked in E Co., Ltd.

From November 1, 201 to December 31, 2011, G’s 3,000,000 won was paid on December 16, 201 as wages of 3,00,000,000 won on December 16, 2011, which was retired from the Seoul Office as a person in charge of financial accounting.

B In the absence of agreement between the parties on the extension of the due date, the payment was not made within 14 days from the date of the occurrence of the cause for payment.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness I and J asserts to the effect that the payment of the instant wage in relation to G is justified, emphasizing the non-legal capacity and faith of G on the grounds of the witness I and J's respective legal statements.

However, according to the above statements, G's worker status is more clear.

Since the above statements (the above statements are merely false and insufficient that G is not an employee, that is, G was an employee with no capacity and unfaithful capacity), even though the employee is not a worker.

Even though it is possible to punish so-called disciplinary dismissal under the Labor Standards Act, it is not automatically deprived of the status of an employee or the right to receive wages as an employee without the procedure of dismissal, etc. under the aforementioned Act.

Defendant

The above assertion by the defense counsel cannot be accepted.

A defense attorney also asserts that the instant employment contract is revoked on the basis of the circumstances of membership in G.

In the labor contract, it is also a deception under the civil law.

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