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(영문) 수원지방법원 성남지원 2020.05.13 2020고정93
근로기준법위반
Text

The defendant shall be innocent.

Reasons

The facts charged of this case are as shown in the attached Form.

This is premised on the premise that B paid the last 7 million won of the wages paid on November 16, 2018 to B, but B did not receive a fixed amount of wages on a regular basis between them, but received the payment for the completion of the construction project each time the employer would receive the payment for the completion of the construction project. In particular, C, who managed B, stated that the last 7 million won of the construction project did not remain at the time and paid the last 7 million won of the construction project, is sufficiently deposited into the vehicle secured, so it cannot be readily concluded that the said KRW 7 million of the construction project was paid by settling the accounts for the work until that day, and it is probable that C, as claimed by the Defendant, would have paid the paid wages in excess of the promised wages.

B’s statement that the wage of KRW 7 million paid on November 16, 2018 on the basis of “the present working conditions by field” compiled by collecting materials on the mermos or calendars is the wage for the previous month. However, the statement on the number of working days on November 12, 2018 is different from that of the mermos (30 days) and the mermos (31 days) and is inconsistent with the mermos’ statement.

The above metamer is inconsistent with the payment record of daily labor expenses prepared by C, and during the working days of the above metamer, it also includes the date of working at another construction site unrelated to the defendant.

The above meta or its-based statements are difficult to believe, and the statements of D based on the statements of B are also difficult to believe, and there is no other evidence to clearly recognize the facts charged.

The facts charged in this case constitute a case where there is no proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure

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