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(영문) 수원지방법원 2018.05.09 2017노8949
근로기준법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding the facts and legal principles, when concluding a labor contract with workers H and G, the Defendant: (a) paid a monthly amount of 12/13 of the total amount of the annual salary as the monthly wage; and (b) agreed to pay the remaining amount of 12/13 of the retirement allowance in lump sum at the time of retirement; (c) paid all wages equivalent to 12/13 of the total annual salary during the period of service to the above workers; and (d) paid all retirement allowances calculated based on the above money at the time of retirement, the lower court erred by misapprehending the legal principles and misapprehending the legal principles.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and misapprehension of the legal doctrine, the lower court, based on the circumstances stated in its reasoning, concluded that there was an effective agreement between the Defendant and the employees on the total annual salary amounting to 1/13 of the total annual salary at the time when the contract was concluded

It is difficult to view it.

The decision was determined.

In full view of the evidence duly adopted and examined by the court below, such judgment of the court below is just and there is no error of law by mistake of facts or by misunderstanding of legal principles as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

B. As to the wrongful assertion of sentencing, it is recognized that the Defendant denies and does not reflect the unpaid portion of wages and retirement allowances among each of the crimes in this case.

However, it is against the Defendant’s confession of the portion of the Defendant’s failure to pay the annual paid leave allowance and the portion of the Defendant’s failure to pay the annual paid leave allowance in each of the instant crimes, the Defendant’s absence of criminal records and criminal records exceeding the fine, and the Defendant’s further repayment of the amount of the delayed leave to the employees in the first instance, thereby recovering the damage.

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