beta
(영문) 인천지방법원 2015.05.28 2014노4731 (1)

근로기준법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal and F agreed to reduce wages on August 8, 2011 and September 201, 201, the Defendant paid the F wage in entirety, and the F’s retirement allowance not paid by the Defendant is limited to KRW 9,715,278, but the Defendant recognized that the Defendant did not pay the F’s wages, and the lower court recognized that the Defendant did not pay the F’s wages and that the Defendant did not pay the amount of 10,687,374 won, calculated by including it as the average wage, which is the basis for calculating the food and transportation expenses

2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, that is, the Defendant did not agree to reduce the wage of the Defendant from the investigative agency to the lower court’s court. Rather, the Defendant stated that the Defendant, who asked the Defendant for the reasons, stated that he would make a payment after the next month without any particular reply. The Defendant did not submit any materials regarding the agreement with the F up to the trial court, and the Defendant and F did not agree to pay the F wages at KRW 3 million per month regardless of the relevant item (the Defendant asserted that the amount of food and transportation expenses should be excluded from the average wage, but the Defendant did not appear to have agreed to pay the F wages separately because it did not appear to have been 10,000,000,000 won paid in August 8, 2011 and September 2011, and the Defendant did not actually receive the FF wages at KRW 70,000,0000,0000,000,0000,000.