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(영문) 춘천지방법원원주지원 2020.11.19 2020고단567

근로기준법위반

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All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of the C Co., Ltd. in the original city B, is an employer who engages in real estate development and supply business.

Wages shall be paid at least once a month on a fixed date.

Nevertheless, the Defendant, from September 25, 2017 to around November 2018, 201, did not pay 1,620,000 won of wages of 1,620,000 won on November 25, 2018, a regular wage payment date, and did not pay wages on 25th day of each month as shown in the attached list of crimes.

Accordingly, the Defendant did not pay a total of KRW 34,770,000 on the day of regular wage payment.

The Defendant, as the E (main) representative director in the third floor of B building in Gangwon-si, is an employer who engages in energy development business using two 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, from January 2, 2015 to March 26, 2020, worked as the team leader of the business management team at the pertinent workplace from around January 2, 2015 to March 26, 2020, did not pay 187,350,000 won in total as stated in the attached crime list from May 2, 2017 to March 202 of the retired workers F, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Determination of applicable provisions of Acts: Articles 109(1) and 43 of the Labor Standards Act (in violation of the Labor Standards Act against workers D), Articles 109(1) and 36 of the Labor Standards Act (in violation of the Labor Standards Act against workers F), and Article 109(2) of the Labor Standards Act (in violation of the Labor Standards Act against workers F): The defendant does not want punishment against the victimized workers on November 19, 2020 after the prosecution of this case.