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(영문) 수원지방법원 2020.01.30 2019노5216
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Labor Standards Act due to the failure to pay wages among the facts constituting an offense of mistake of facts in the original judgment, the Defendant did not have intention to pay wages to the Defendant since it was because the Defendant and the above workers did not have any dispute over the amount of wages within 14 days from the date of retirement.

Nevertheless, the lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant did not pay wages to workers within 14 days from the date of retirement.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the court below as to the assertion of mistake of facts are acknowledged by the evidence duly adopted and investigated by the court below and the relevant regulations and legal principles, i.e., (i) the defendant has entered into a labor contract including the fact that, on June 15, 2018, the defendant must grant at least 30 days’ successor period to the company at the time of submission of the letter of resignation, and if so, the amount of wages for 30 days prior to the date of submission of the letter of resignation shall be subject to the minimum regular wage (Evidence No. 34 pages). These contents are imposed on E after submission of the letter of resignation to the worker E, and if they violate this, they are not effective under Article 20 of the Labor Standards Act with an agreement that reduces wages. (ii) The defendant did not pay part of the wages to E in accordance with the provision of the invalid labor contract as seen above. (iii) The defendant demanded the preparation of the letter of resignation and payment of wages to G, and if there are grounds for dispute as to the existence and scope of the employer.

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