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(영문) 수원지방법원 평택지원 2014.08.06 2013고정685
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. The Defendant is an employer who employs 230 full-time workers as the representative director of the Fposi Fposing Factory located in Pyeongtaek-si E (hereinafter “Sposing Factory”).

From May 26, 2011, the Defendant paid 389,000 won in May 201 to G, which had been working as a production worker, to G workers, without directly paying the amount of 389,000 won in May 26, 201.

In addition, the Defendant did not directly pay monthly wages to G workers from that time to November 30, 201, as shown in the list of crimes in the attached Table (1).

B. Although the Defendant’s wage in violation of the regular payment of wages is paid once a month on the fixed date at least once a month, the Defendant did not pay KRW 3,741,670 in total on the 10th day of each month, which is the 10th day of the month, from May 26, 2011 of G, who worked in a production position from May 26, 201 in the same workplace as the previous paragraph, to the date of the regular payment of wages, and did not pay KRW 4,871,430 on the 10th day of each month which is the 10th day of the regular payment.

In addition, the Defendant did not pay KRW 241,820,000,000,000,000,000,000 from September 1, 2012 to April 30, 2013, which had been working as production workers in the same workplace from July 27, 2005, on the 10th of each month, which is the regular wage payment date, and did not pay KRW 341,820,00 on the 10th of each month, as shown in the attached list of crimes (3).

2. Determination:

A. (1) As to the violation of direct payment of wages, the burden of proving the facts charged in a criminal trial lies on the prosecutor, and the conviction should be based on the evidence of probative value, which leads the judge to the conviction that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, it may be said that there is no such evidence.

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