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(영문) 춘천지방법원 2013.07.25 2013고정263
근로기준법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant, as the representative of the (oil)D in Chuncheon City C, employs 40 full-time workers and operates transportation business.

Although wages are paid in full to workers in currency, the Defendant did not pay 61,920 won in total due to the failure to pay 30,506 won for the monthly paid leave from February 20, 2004 to February 20, 2010, as well as the failure to pay 30,596 won for the monthly paid leave from July 5, 2010 to August 5, 2010 of the following month, which was the date of payment of the monthly paid leave from the above date to February 2, 2012.

2. Determination

A. If there is a ground for dispute as to the existence of the obligation to pay wages, etc., the employer should be deemed to have a reasonable ground for the failure to pay the wages, etc., so it is difficult to recognize that the employer had the intent to commit a violation of Articles 36 and 109(1) of the Labor Standards Act. Whether there is a ground for dispute as to the existence and the scope of the obligation to pay wages, etc. should be determined in light of all the circumstances at the time of dispute as to the existence and scope of the obligation to pay wages, etc., such as the reason for refusal of payment by the employer, the ground for such refusal, the organization and size of the company operated by the employer, all other matters as well as the purpose of the business, and other circumstances at the time of dispute as to the existence and scope of the obligation to pay wages, etc.,

(Supreme Court Decision 2007Do1539 Decided June 28, 2007). B.

Facts of recognition

The following facts are acknowledged according to the evidence duly adopted and investigated by this Court.

- In this case, the defendant's (oil)D will be operated.

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