logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.10.30 2015노960
근로기준법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles were selected from the Ministry of Education, Science and Technology as S in the year 2012 from the Ministry of Education, Science and Technology, and D had to reduce the amount equivalent to 12% of the total labor cost in the year 2012 by consultation of T as follow-up measures.

Therefore, the defendant reduced the personnel expenses of F and E who are teachers and staff after consultation with the teachers and staff. Therefore, there is a reason to reject the responsibility that the defendant did not pay the personnel expenses to the above F and others.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, it is recognized that: (a) as D, who was the president, was selected as S in the year 2012, D decided to reduce the wages of the faculty through T’s management consulting; and (b) held several meetings with the teachers and staff on June 11, 2012 with a view to reducing the 10% wage of the teachers and staff; (c) finally, 50% of the assignment allowances of the teachers and staff, 100% of the fixed-time allowances, 120% of the fixed-term allowances, 90% of the 120% of the fixed-term allowances, which were adopted by the court below, was adopted through the consent of the majority of

According to the above facts, it is reasonable that the defendant does not pay the amount reduced in the position allowance, the fixed-time allowance, and the life saving allowance among the benefits of the D faculty members.

However, in light of the fact that the wage items that the Defendant did not pay in this case were deducted from the unpaid wage increase portion, the unpaid part, the overtime allowance, and the annual allowance, which were not related to the items to be reduced as of June 11, 2012, and that F and E did not consent to deduct or reduce wages under the pretext of donation, the unpaid wage portion, etc. after deducting the Defendant from the aforementioned donations shall be F and E.

arrow