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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the representative director E of the company in Gwangjin-gu Seoul Special Metropolitan City and the second floor, who runs a chartered bus transportation business using 30 full-time workers.
The Defendant, from February 1, 1996 to December 31, 2013, did not pay KRW 10,358,893 in total, including overtime work allowances, annual leave allowances, and retirement allowances, as stated in the attached Table, as well as KRW 1,519,427, which was retired from the Defendant’s service at the said workplace, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.
2. Determination
A. According to the evidence duly adopted and investigated by this court, the part of overtime work allowances was agreed to pay wages by considering the characteristics of the tourist bus transport business that is discriminated against any other express bus or bus transport business, the working hours, forms and nature of the engineers engaged in the tourist bus service, the contents and structure of the actual remuneration received by the engineers, etc., not specifying the actual working hours, but regarding the basic working hours and extended working hours as a certain time, in consideration of the nature of the tourist bus transport business that is discriminated against the Defendant and the article belonging to the instant company.
It is reasonable to see that such an agreement does not disadvantage tourism bus articles belonging to the company of this case and it is reasonable in light of all the circumstances.
This part of the facts charged is premised on the premise that the defendant is not liable to pay overtime work allowances to F. As seen earlier, the evidence submitted by the prosecutor alone is insufficient to recognize it, and there is no other evidence to acknowledge it.
B. Where there are grounds for dispute over the existence of the obligation to pay wages, such as part of annual leave allowances, there is a reasonable ground for the employer to pay wages, etc.
Therefore, it should be viewed that an employer violates Article 36 and Article 109 (1) of the Labor Standards Act.