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(영문) 광주지방법원 2017.05.18 2015가합58305
손해배상(기)
Text

1. As to KRW 160,874,769 among the Plaintiff and KRW 15,00,000 among them, the Defendant shall pay to the Plaintiff KRW 160,874,769 from March 4, 2014, and KRW 145,874,769.

Reasons

1. Basic facts

A. The Defendant is a person running the D salt farm located in Jeonnamdo-gun (hereinafter “instant salt farm”), and the Plaintiff is a cadastral disabled person who provided labor from March 1, 2003 to March 4, 2014 (intelligent index 64, social index 27).

B. On March 1, 2003, the Plaintiff worked in the instant salt farm operated by the Defendant’s East E., and the Defendant provided the Plaintiff with accommodation by providing the Plaintiff with accommodation. However, the Plaintiff provided the above accommodation.

As described in paragraph (1), the Plaintiff did not pay wages to the Plaintiff while the Plaintiff works.

C. On the other hand, around June 22, 201, the Defendant: (a) around 22, 201, entered a car parked in the 41-day 8 parking lot of the Ministry of Employment and Labor of the Ministry of Employment and Labor, which was closed on the ground that the Plaintiff did not make any statement as desired by the Defendant; (b) taken twice the Plaintiff’s head on the last day of the month; and (c) around June 22, 201, at G cafeteria located in the Seoul Southern-do F, the Defendant took the Plaintiff’s head on one occasion on the same ground.

On June 20, 2016, the Prosecutor of the Maritime Branch Office of Gwangju District District Court, which investigated the case related to the defendant, employed the plaintiff as the idea that the plaintiff would not pay wages after having the plaintiff provide labor in the salt farm of this case using the mental and physical disorder of the plaintiff on June 20, 2016, and did not pay wages equivalent to the same amount as the minimum wage standard even from March 1, 2003 to March 4, 2014, with the plaintiff being provided labor equivalent to 110,283,90 won from March 1, 2003 to March 4, 2014, the crime of quasi-Fraud, the crime of violating the Act on Welfare of Persons with Disabilities, and the crime of violating the Labor Standards Act by forcing the plaintiff to work against his free will by using the means

A public prosecution was instituted against the defendant due to assault by workers as stated in the paragraph.

E. On December 8, 2016, the Gwangju District Court found the Defendant guilty of each charges charged, and sentenced the Defendant to two years of imprisonment.

F. The above criminal judgment of the first instance court is the same.

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