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(영문) 창원지방법원 통영지원 2019.09.10 2019고단222
근로기준법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The Defendant of the facts charged in the instant case is the actual representative of the 3rd floor of the building B in Busan-gun (hereinafter referred to as the “instant company”) in Busan-gun, who is a person who is engaged in the construction of the Do-si D Building with ten regular workers.

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

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

Nevertheless, the Defendant did not pay KRW 3,040,00 of E’s wages, KRW 4,480,00 of F’s wages, KRW 480,00 of G’s wages, KRW 4,480,00 of H’s wages, KRW 4,680,00 of H’s wages, KRW 3,680,00 of J’s wages, KRW 1,760,000 of J’s wages, KRW 3,360,00 of K’s wages, KRW 160,000 of L’s wages, KRW 640,000 of wages, KRW 480,00 of N’s wages, KRW 480,000 of N’s wages, and KRW 26,000 of workers’ wages, without agreement between the parties on retirement.

The defendant's assertion and the defendant asserted that he was the actual representative of the company of this case, but only entered into a contract for the construction of a building with theO, and that there is no written contract for the construction of a building individually with the actors as stated in the facts charged.

In addition, the defendant asserts that the amount of unpaid wages as stated in the facts charged has become worse than the actual amount.

Judgment

The instant company and the instant company did not have a written contract specifying the legal relationship between the actors or theO, and according to the testimony of the witnessO and the testimony of the investigative agencies by the witnessO, the actors began to be directly contacted by theO, not by the instant company, but by the O, and in the process, it can be acknowledged that the Defendants did not have any explicit explanation as to who is the employer. Thus, the legal relationship between the instant company and the actors is the same.

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