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(영문) 광주지방법원 2021.01.14 2020고정616

근로기준법위반

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The summary of the facts charged is that the defendant is a user who runs a golf course business using 17 full-time workers as the representative of the (ju)C in Naju City.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 7,951,09 within 14 days from the date of retirement to D who retired from the said workplace as the head of the sports proceeding from September 9, 2013 to August 31, 2019 without any agreement on the extension of the payment period between the parties to the said workplace, without any agreement on the extension of the payment period between the parties.

2. Determination

A. The wage payment contract under the so-called “comprehensive wage system” refers to a wage payment contract under which, without calculating the basic wage in advance between an employer and an employee, the amount included in the statutory allowances is determined as monthly wage or daily wage, or the basic wage is calculated in advance without distinguishing the statutory allowances, and the fixed amount is determined as statutory allowances and is to be paid regardless of the number of working hours (see Supreme Court Decision 2008Da6052, May 13, 2010, etc.). The Special Committee for the Settlement of Accounts prepared D and the labor contract around March 2014, stating the purport that the aforementioned labor contract shall apply the comprehensive wage system, including that the fixed amount shall be paid as overtime work allowances and holiday work allowances (Evidence record 89). The same applies to the labor contract signed by the KIT and D around April 30, 2019 (Evidence record No. 92).

B. According to the Supreme Court precedents, the Supreme Court's precedents are as follows.