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(영문) 창원지방법원 2013.06.25 2012고정763
근로기준법위반
Text

1. The charge of violating the Labor Standards Act as to C among the facts charged in the instant case is not guilty. 2. Of the facts charged in the instant case, D, E, and F.

Reasons

The acquittal portion

1. The Defendant is the representative director of H, a corporation in the window G of Changwon-si, who runs a community bus operation business using 51 full-time workers, as a representative director of H, who is charged with the charge.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

On May 20, 2010, the Defendant entered the same workplace and served as a driver.

On September 30, 201, C’s retirement on May 5, 2011, the sum of KRW 105,000 and annual paid leave allowance of KRW 1,200,000 was not paid within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

2. The wage payment agreement entered into between the Defendant and the defense counsel’s assertion (hereinafter “instant company”) is a wage payment agreement based on the comprehensive wage system. The instant company paid 10,000 won to workers including C by adding 10,000 won to 30,000 won for each bus route in addition to daily pay in addition to daily pay in addition to daily pay in addition to daily pay in addition to daily allowances. The worker’s day wages and annual leave allowances were all included in the aforementioned amount.

3. Determination

A. When an employer concludes a labor contract, he/she shall, in principle, determine the basic wages for workers and pay them in addition to the allowances based on such determination. However, it is a case where the employer, without calculating the basic wages in advance, determines the total amount of the allowances as monthly wages or daily wages or pays a certain amount of allowances in the form of employment and inspiring employees’ desire to work, without calculating the basic wages in consideration of the working hours, form and nature of employment, etc.

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