근로기준법위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged is the E-stock company representative director in Yeonsu-gu Incheon Metropolitan City, who runs a bus transport business using 136 full-time workers.
Wages shall be paid at least once a month on a fixed date.
Provided, That this shall not apply to wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.
Nevertheless, when paying monthly salary from November 2015 to November 2016 for F working as a bus engineer at the above workplace, the Defendant paid a certain amount of monthly salary in the name of annual paid leave in the name of annual salary, such as the details of annual salary pay, and where a person who has worked for less than 15th day of each month using annual paid leave as specified in the attached Table of crime, he/she shall receive overtime work allowances (date wage under the salary table x 1.58 hours x 8 hours). The Defendant paid annual salary to a worker only 32,248 won per day of annual use (from November 31, 2015 to July 31, 2016 x 16th day of the year x 28th day of the year x 16th day of the year x 20th day of the year x 8th day of the year x 16th day of the year x 10th day of the year x 2th day 8th day of the year x 2th day ;
was made.
2. The Defendant’s assertion that he was entitled to annual paid leave does not constitute an unpaid wage, since he paid annual annual salary according to ordinary wages (in accordance with the salary table x 8 hours) to workers who used annual paid leave.
If a worker works in excess of 22 days for a full-time worker, he/she is required to pay overtime work allowances (in accordance with the hourly salary table x 1.5) according to the organization agreement.
However, this is based on the premise that the employee actually worked, and the number of days of the full-time work (22 days and 20 days in February) is ever.