근로기준법위반등
The defendant's appeal is dismissed.
1. On December 14, 201, through August 31, 2014, the lower court rendered a judgment of innocence as to the remainder of the facts charged except for the first million retirement allowance out of the facts charged regarding E’s retirement allowance of KRW 3,631,449, which had been in service from December 14, 201 to August 31, 201, and rendered a judgment of innocence. Since only the Defendant filed an appeal for the conviction, the part of innocence was separated and finalized as it is.
Therefore, the scope of the judgment of this court against the judgment below shall be limited to the guilty part of the defendant except the above acquittal portion.
2. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the employee of the instant case frequently left the job site during his/her work hours and has the ability to leave the work site; and (b) the actual work hours do not reach the working hours claimed by the
In addition, the defendant and the above workers agreed to pay fixed wages every month regardless of actual working hours (the so-called comprehensive wage system). The defendant paid all wages according to this.
Since it is in accordance with the relevant guidelines that deducts the expenses incurred in boarding from the wages to be paid by the defendant, even if the above deduction is illegal, the intention of the defendant cannot be recognized as unpaid wages.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
3. Determination
A. The summary of this part of the facts charged is that the Defendant is the D representative in Scheon-si C, who ordinarily employs seven full-time workers and operates the original manufacturing business.
1. 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;
Nevertheless, Defendant 2 served from December 14, 201 to August 31, 2014 at the above workplace, as indicated in the list of crimes in attached Form E, including KRW 121,312, Oct. 14, 201.