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(영문) 수원지방법원 여주지원 2020.06.12 2020고정106

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

The defendant in the office of a public corporation is the representative director of the C limited partnership company in Sju City, who runs the taxi transport business using 60 full-time workers.

1. Wages unpaid shall be paid in full directly to workers in currency;

Provided, That if there are special provisions in Acts and subordinate statutes or a collective agreement, part of wages may be deducted or paid by means other than currency.

Nevertheless, the Defendant did not pay the total amount of KRW 41,880,00,00 to workers who worked from around November 1, 2018 at the above workplace to three workers, including KRW 119,440,00 of workers D who worked from around May 1, 201, and KRW 173,00,00 of workers E who worked from around May 1, 201, and KRW 41,880,00 of workers who worked from around May 1, 2019 of workers F, who worked for from around May 1, 2019.

2. In cases where a business shuts down due to a cause attributable to the employer who fails to pay the shutdown allowances, the employer shall pay the workers concerned allowances of not less than 70 percent of their average wages during the

Nevertheless, the Defendant did not pay KRW 129,795 of the allowances during the business suspension period from February 4, 2019 to February 12, 2019 to the said employee, who had worked from November 1, 2018 at the said workplace.

Judgment

The facts charged in this case fall under Articles 109(1), 43(1), 109(1), and 46(1) of the Labor Standards Act. The public prosecution of this case is dismissed in accordance with Article 109(2) of the Labor Standards Act and Article 327 subparag. 6 of the Criminal Procedure Act, since workers do not want the punishment of the defendant.