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(영문) 서울남부지방법원 2020.08.10 2020고정1102
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is the representative of the Guro-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., who operates medical supplies and other drug-related products manufacturing business using 29 regular workers. A.

Wages in violation of the Labor Standards Act shall be paid directly to workers in currency at least once a month on the regular payment date of wages.

Provided, That if there are special provisions in Acts and subordinate statutes or a collective agreement, part of wages may be deducted or paid by means other than currency.

Nevertheless, the Defendant did not pay 5,254,289 won, including 2,635,975 won in July 2019 of workers D who worked from August 8, 2018 at the above workplace and 5,254,289 won in total from July 2019 to October 20, respectively, as shown in the list of crimes in the attached Table.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from June 19, 2017 to October 8, 2019 at the above workplace and did not pay KRW 7,250,741 of retirement allowances E to retired workers within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

2. Determination of applicable provisions of Acts: Judgment dismissing each of the "written withdrawal of complaint" which states the intent not to punish the accused of victimized workers E on July 17, 2020, after the prosecution of this case under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act: Article 109(2) of the Labor Standards Act, Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, and the main text of the proviso;

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