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(영문) 서울중앙지방법원 2013.07.18 2012고정2692
근로기준법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant, as the representative D in Seocho-gu Seoul Metropolitan Government, is an employer who operates laundry business employing two full-time workers.

When a worker retires, the employer shall pay all money and valuables, such as 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 worked from August 12, 201 to October 29, 2011 and did not pay KRW 1,360,000 on October 201, 201 to retired workers E, within 14 days from the date of retirement without an agreement on extension of the due date.

2. According to the evidence duly adopted and examined by this court, the defendant agreed to the effect that "the defendant compensates the customer for damage and deducts the amount from the wages of October 201 of E, 201," following the occurrence of a laundry problem which was repaired by E, the defendant can be acknowledged that the above amount of compensation for damages exceeds the above wage and notified E that there was no further wage. According to the above facts acknowledged, it is difficult to view that the defendant had intention to violate the Labor Standards Act, and it is insufficient to recognize it only with the evidence submitted by the prosecutor, since there are reasonable grounds to dispute the existence and scope of the duty to pay wages.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325

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