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(영문) 서울중앙지방법원 2020.10.16 2020노544
근로기준법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) E’s payment of unpaid monthly wages of KRW 720,00 won as the wage account on February 2016, 2016, which was made in cash on February 7, 2016, as well as the payment in cash on February 8, 2016, which was made on March 8, 2016 and on the 10th of the same month on the payment date, it is difficult to further understand that E’s payment of wages on March 10 of the same month is difficult; E’s statement from an investigative agency to the original court, that it is reliable in its statement that there is no time to receive both wages and receive cash, and that the part recorded on the company’s wage ledger is highly likely to have been later completed, the Defendant’s payment of unpaid annual salary from KRW 300,000 to KRW 250,000,000,000 after deducting the remaining amount of wages to KRW 300,000,00.

3. From August 2016 to October 2018, 3018, the Defendant cannot be found to have not paid excess work hours to D in full view of the following: (a) there is no objective data to accurately verify the excess work hours because the Defendant’s side is not equipped with a system for measuring work hours, such as the attendance book; (b) there is no responsibility for the employee; and (c) D voluntarily submitted a detailed adjustment of the excess work hours.

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