근로기준법위반
A fine of three million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Punishment of the crime
The Defendant is an employer who has employed 53 full-time workers under D’s representative in Seocheon-gun C, and the employer did not pay wages, compensations, and all other money and valuables within 14 days from the date of the occurrence of the cause for such payment, regardless of the fact that the employee was dead or retired, within 14 days from January 1, 2005 to March 31, 2015, who retired from work in the above workplace, including KRW 807,128 for unused annual leave allowances in 2014, as shown in the attached list of crimes committed in the attached Table, including KRW 14,972,896 for unused leave allowances of 17 workers (hereinafter “instant workers”).
Summary of Evidence
1. Partial statement of the defendant;
1. The document of F;
1. A detailed statement of the number of days of each year of 2014, a copy of the leave, and a statement of the number of days of unused annual years of 2014;
1. Determination as to the assertion by the Defendant and the defense counsel regarding the wage negotiation agreement in 2014, the bonus trade condition table in 2014
1. The annual paid leave prescribed in Article 60(1) of the Work Standards Act for the summary of the assertion constitutes, as a matter of course, remuneration for work between the pertinent year and the year of the previous year, not for the pertinent year when the worker goes to work for at least 80% of the previous year.
However, in light of the fact that D’s workers, including the instant workers, were scheduled to work for at least 80% during the pertinent year regardless of the attendance rate in the previous year, and the paid leave for at least 4 days was added by the organization agreement (see, e.g., evidence record No. 315), and the promotion of use was immediately made during the pertinent year, the paid leave used by the said workers is not only an annual paid leave under Article 60(1) of the Labor Standards Act, but also an agreed leave under the labor practice. Accordingly, the instant workers were not paid within 14 days from the date of their retirement.