근로기준법위반
The defendant's appeal is dismissed.
1. According to the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), according to Articles 34 (Weekly Holidays) and 35 (other Holidays) of the employer’s rules of employment, paid holidays are day off a week and day off a day off a day off a day, and other holidays, including holidays, are unpaid holidays.
근로자 F는 이러한 무급 휴일을 수당을 받고 쉰 것이다.
즉 무급 휴일로서 쉰 것이 아니라, 연차 유급 휴가를 사용한 것이다.
Workers F also agreed to use annual paid leave instead of using unpaid holidays, and to settle allowances for the remaining unused annually.
If a worker uses a unpaid leave rather than a annual paid leave on Saturdays, he/she should pay the amount calculated by deducting the wages equivalent to the number of days of the unpaid leave as the benefits. Therefore, the company should claim the allowance paid to king as an unfair return of benefits.
2. According to the records of this case, the Defendant and workers F concluded a wage contract on the premise that Saturdays and holidays are unpaid holidays, excluding Saturdays and Workers’ Day, which are paid holidays.
In that sense, if it is deemed that annual leave is used on Saturdays, which is a unpaid holiday and which does not originally work, it would result in the waiver of part of annual paid leave and annual allowance that should be guaranteed by the Labor Standards Act.
피고인은 무급 휴일을 수당을 받고 쉰 것이라고 주장하나, 이는 근로자에게 지급된 급여에 무급 휴일에 대한 급여가 포함되어 있음을 전제로 하는 것으로서 애초에 “ 무급” 휴일이라는 말 자체와 모순되는 것이고 달리 위 전제를 인정할 증거가 없으며, 무급 휴일에 대하여 근로 계약상 정한 임금 외에 추가로 수당이 지급되었다고
There is no data to view.
The rules of employment cited by the defendant as the grounds for the argument.