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(영문) 의정부지방법원 2016.10.06 2016고정311
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a user who is a (ju) D representative director of Dobong-gu Seoul Metropolitan Government, who is a full-time worker and operates a service business (day) by using seven full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 487,50 on April 13, 2015 to June 1, 2015, the amount of KRW 690,00 on May 2015; KRW 1,202,50 on June 25, 2015; KRW 1,640,00 on April 2, 2015; KRW 2,440,00 on May 80, 2015; and KRW 1,202,50 on June 2, 2015; and KRW 1,640,000 on April 2, 2015; and KRW 2,440,00 on May 80, 2015; and KRW 504,50 on each of the parties’ retirement without agreement.

Summary of Evidence

1. Statement of witness E in the third protocol of the trial of witness F;

1. The defendant asserts that the details of deposit transactions, the details of passbooks, text messages, lectures, e-mail submission and accompanying documents are individuals only in case of E and F, and that they are not workers.

However, the following circumstances recognized by the evidence duly adopted and investigated by this court, namely, ① E/F received wages each month at the time of lecture and did not pay the Defendant fees to the entire amount received from the students; ② in determining wages, F was paid to the existing instructors as it was paid to him/her; ③ in the case of lectures, E was determined by comparison with the head of each branch; ③ in the case of lectures, F was determined by line with the rule that is determined by a private teaching institute; ④ the contents and teaching methods of the lecture, etc. were decided autonomously by the instructors, but this seems to be due to the nature of the lecture.

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