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(영문) 인천지방법원 2018.07.06 2018노581
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) Even when workers E sell goods not subject to discount to the arm’s length price, they enter the amount lower than the actual selling price in the computer, and thereby gain unjust profits. For this reason, the Defendant did not pay wages and retirement allowances to E. At least until the completion of the occupational embezzlement case for E, there was an implied payment extension agreement between the Defendant and E that the Defendant would not pay wages and retirement allowances.

2) The Defendant and E concluded a labor contract with a period of four months to six months, and the Defendant has no obligation to pay retirement allowances to E.

B. The sentence sentenced by the lower court against the Defendant (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. 1) According to the evidence duly adopted and examined by the lower court, the Defendant and E were found to have stated in the investigative agency to the effect that there was no agreement on extension of the payment date of money and valuables.

In addition, the circumstance that E was investigated as a suspicion of occupational embezzlement with respect to the operation of the convenience store of this case is insufficient to recognize that an implied agreement was reached between the Defendant and E on the extension of the payment date of money and valuables, and there is no other evidence to acknowledge it.

This part of the defendant's assertion is without merit.

2) Where a labor contract is renewed or repeatedly entered into a labor contract under the same conditions while the term of the labor contract expires, the determination of whether the labor contract continues to be renewed or repeated, and the number of years of the labor contract should be made. Even if a certain gap exists between renewed or repeated labor contracts, such a period does not extend compared to the total term of the labor contract, but is given the nature of the pertinent work, such as seasonal factors or vacation period.

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