근로기준법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. misunderstanding the facts and misapprehension of the legal principles regarding the portion that the Defendant did not pay the annual paid leave allowance during the violation of the Labor Standards Act, the Defendant’s work form is not commuting to and from work at the fixed time, and, in the absence of the work, the Defendant’s work was freely allowed, so the Defendant decided not to pay the annual paid leave allowance, and the Defendant paid the retirement allowance by the method of paying a certain amount every three months as to the violation of the Act on the Guarantee of Workers’ Retirement Benefits, which led to the interim settlement of the retirement allowance by the method of paying a certain amount every three months, so the Defendant was guilty of this part of the facts charged, on the grounds that there was a justifiable reason to refuse the payment of the annual paid leave allowance
B. The sentence of the lower court (six months of imprisonment, two years of suspended sentence) that was unreasonably alleged in sentencing is too unreasonable.
2. Determination as to the misapprehension of facts or misapprehension of legal principles
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the non-payment of the annual paid leave allowance. ① The E, G, F, I, and H, an employee of the Defendant’s company, concluded a labor contract with the Defendant and stated that there was no separate agreement on the annual and monthly leave allowance, and that there was no allowance for the non-payment of leave. ② The witness I applied for by the Defendant stated that “I allowed the Defendant to make a request when there are special circumstances,” and H stated to the effect that “I would like to make it possible for the Defendant to do so, whenever there were special circumstances,” “I would make a school transaction with the school, and make it difficult at the school while the school is on duty.” “Unless a temporary public holiday is a temporary public holiday, I did not have any worker in the school even if it is not easy.”