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(영문) 서울중앙지방법원 2021.01.27 2020고단6507
근로기준법위반등
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The Defendant, as the representative of Gangnam-gu Seoul Metropolitan Government C, is an employer who employs two full-time workers and operates an in-depth sales business.

A. From July 21, 2016 to June 6, 2020, the Defendant delayed payment of wages and retirement allowances to Workers D, as well as the amount of KRW 2,60,00 on April 4, 2020, wages of 2,80,000, wages of May 20, 2020, wages of 1,586,666, bonuses of 870,00, and retirement allowances of 10,744, and retirement allowances of 10,794, which were paid within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

B. From July 21, 2016 to June 7, 2020, the Defendant for delayed payment of wages and retirement allowances to Workers E did not pay 13,490,000 won including the total amount of wages of 2,70,000 won on March 3, 2020, wage of 3,700,000 won on April 20, 2020, wage of 3,700,000 won on May 20, 2020, wage of 2,220,000 won on June 2, 200, bonus of 1,170,000 won and retirement allowances of 14,207,978 won within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) The withdrawal of complaints and written agreements to the effect that workers are not subject to punishment after prosecution and the withdrawal of complaints are submitted.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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