logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2019.10.17 2018고단4491
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who employs 18 full-time workers in Gwangju and operates D Co., Ltd.

1. The Defendant unpaid annual allowances is working from March 19, 2014 to August 31, 2017 at the above workplace.

The retirement E’s annual paid leave allowances of KRW 5,525,00 (=the annual paid leave allowances of KRW 1,725,000 on March 1, 2016 KRW 1,800,000 on March 1, 2017) did not pay without justifiable grounds for the lapse of 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

2. The Defendant not paid retirement pay 9,873,376 won of the retirement pay of the above E was not paid without justifiable grounds for the lapse of 14 days from the date of retirement without any agreement on the extension of payment due date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E;

1. Statement of the police confrontation for E, etc.;

1. The defendant and his defense counsel argued that the defendant and his defense counsel's assertion on the petition form [including documents attached to the statement of accounts for benefit, etc.], E attendance book, the record of subscription to employment insurance, the details of subscription to employment, and the amount of annual paid leave allowances were included in the daily allowance to workers under the comprehensive wage agreement, so they fulfilled their duty of payment, and the continuous period of continuous work does not exceed one year in the case of retirement allowances, and the obligation of payment itself does

First of all, although it is not possible to pay annual paid leave allowances by means of a health class, a comprehensive wage agreement, etc., but it is difficult to view that an inclusive wage agreement was an occupation requiring comprehensive wage agreement because it is difficult to calculate working hours due to the worker E’s form of work or the nature of work, and it is difficult to view that there was an inclusive wage agreement itself, such as there is no provision of a contract related to the comprehensive wage agreement between the Defendant and E

Therefore, the above argument is difficult to accept.

next part of the retirement allowance payment.

arrow