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(영문) 서울중앙지방법원 2020.05.14 2020고정239
근로기준법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is the e-commerce representative director, who is a director of the Dispute Resolution Co., Ltd. and operates an electronic commerce business with one full-time employee

When a worker retires, the employer shall pay wages within 14 days from the date of retirement, unless otherwise agreed by the parties concerned about the extension of the due date for payment.

Nevertheless, the Defendant, at the above company from March 11, 2019 to September 16, 2019, did not pay total of KRW 31,136,723 of the total amount of delayed payment of five workers within 14 days from the date of retirement, as stated in the details of the attached Table, as well as KRW 1,688,88 of the retired C’s wages on September 9, 2019.

(b) An employer shall pay workers wages in full in currency at least once a month on a fixed date;

Nevertheless, the Defendant did not pay the full amount of KRW 15,166,670 in total on the 10th day of each month, which is the regular payment date, as indicated in the details of the money and valuables in arrears in the attached Form, as well as KRW 1,833,34 of May 2019 of workers D, currently in office from November 29, 2018 to the present day.

2. Judgment on applicable provisions of Acts: Judgment dismissing an expression of intent not to punish each worker after an indictment is instituted under Article 109 (2) of the Labor Standards Act: Article 327 subparagraph 6 of the Criminal Procedure Act;

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