logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.10.12 2018노1871
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant entered into a labor contract with D and agreed to have 50 minutes of rest per hour; and (b) the Defendant paid the amount of wages per hour, including 10 minutes of rest hours, instead of paying a separate weekly holiday allowance, so there is no allowance payable to the Defendant.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found the Defendant guilty of the facts charged of this case.

2. The Defendant also asserted the same as the grounds for appeal, and the lower court rejected the above assertion by providing a detailed statement of the judgment on this issue.

The following circumstances, which the court below found based on the evidence duly adopted and investigated by the court below, were revealed by the evidence such as the circumstances shown in detail by the court below, i.e., D, even if there is no customer during the working hours, it was difficult for D to keep the job outside the PC room, and there was no separate space for D in the PC outside the PC room to rest outside the PC, so a personal free time was given.

It is difficult to see that the PC’s method of settlement of charges is a straight line. However, the employees under the labor contract process the sales, identification, settlement management, etc., and manage the PC’s articles (such as computers, computer parts, office fixtures, fixtures, food, etc.) as well as the protection and loss of the PC’s articles (such as computers, computer parts, office fixtures, equipment, food, etc.). Thus, even if the Defendant did not allocate PC to customers and pay fees, it is difficult for the Defendant to display at will a sign sign such as “job boom” on the PC, etc. It appears that it would be difficult for the Defendant to unfold at will. ③ Meanwhile, in the labor contract prepared with the Defendant and D, from 23:0 to 9:30 on the following day from 10 on the working hour “from 23:0 on Sundays to 9:00 on the following day.”

arrow