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(영문) 인천지방법원 부천지원 2018.07.19 2017고정1261
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a DNA representative in Kimpo-si C and the second floor, who employs four full-time workers and operates a salary-rewing business.

사용자는 근로자가 사망 또는 퇴직한 경우에는 그 지급 사유가 발생한 �부터 14일 이내에 임금, 보상금, 그 밖에 일체의 금품을 지급하여야 한다.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from January 13, 2017 to May 29, 2017, did not pay KRW 3,185,000 in total, including the wage of KRW 1,435,00 on March 3, 2017, and the wage of KRW 1,190,000 on April 1, 2017, and wage of KRW 560,00 on May 2017, without an agreement between the parties on the extension of the payment date, within 14 days after the cause for the payment occurred.

2. The judgment of the court below and the defense counsel are the actual representative of the workplace of this case F, and the principal only lent his name, so they do not bear the duty to pay wages to workers E.

The argument is asserted.

After taking an oath in this court, the witness F testified that he was the actual operator of D and the defendant only lent his name, and that the above testimony was credibility due to the testimony about the criminal responsibility of the person himself.

I would like to say.

In addition, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant was in a substantial employer's position against workers E, and there is no other evidence to acknowledge it.

3. In conclusion, since the facts charged in this case constitute a case where there is no proof of a crime and thus, a not-guilty verdict is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the defendant cannot obtain the consent of the defendant due to his/her absence, the public announcement of the verdict of not-guilty under the proviso of Article 58(2)

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