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(영문) 창원지방법원 2021.03.19 2020고단3628

근로기준법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative director of C Co., Ltd. in the window B of Changwon-si, who employs 80 full-time workers and engages in oil sales business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the Defendant, from December 25, 2007 to May 31, 2019, worked as a gas station at the place of business located in Changwon-si E (State) in Changwon-si, the Defendant did not pay KRW 25,008,073 in total, including the 23,609,073 won in difference of F’s overtime work allowances, and the 1,399,69,690 won in annual rent, and did not pay KRW 48,634,335 in total, including four extended work allowances, as shown in the list of crimes in the attached Table, without agreement on the extension of the payment date between the respective parties.

2. Applicable legal provisions of judgment: The Labor Standards Act (amended by Act No. 17862, Jan. 5, 2021);

(i) Articles 109(1) and 36 (a) of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019);

(b) A judgment dismissing the wishes of each of the victimized workers under Article 109(2) of the former Labor Standards Act; Article 109(2) of the former Labor Standards Act; Article 109(2) of the former Labor Standards Act; Article 327 subparag. 6 of the Criminal Procedure Act