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(영문) 서울중앙지방법원 2020.11.13 2020노207
근로기준법위반등
Text

The judgment of the court below (including the part not guilty in the grounds) shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts (not guilty part in the reasons) workers D did not have any explanation to the effect that the weekly holiday allowance is included in the City wage, and no modified contract was made after the minimum wage was increased, and the purport of the comprehensive wage contract is not explicitly stated in the employment contract.

In light of the aforementioned circumstances, the lower court accepted the Defendant’s assertion that, by December 31, 2017, concluded a comprehensive wage contract with a hourly wage of KRW 7,000 by adding the weekly holiday allowances, etc. to the urgency determined at the minimum wage rate until December 31, 2017, and acquitted the Defendant on the grounds for non-payment of weekly holiday allowances by December 31, 2017, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below (the grace period of a fine of KRW 600,00) is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged is as follows: (a) the Defendant worked for convenience stores indicated in the facts charged in the judgment of the lower court (hereinafter “instant convenience stores”) as indicated in the judgment of the lower court from December 15, 2016 to March 29, 2018, and for retired D on January 1, 2017, including KRW 2,856,900 in total of weekly paid leave allowances for year 2,856,90 in 2,856,90 in total, = 3,807,120 won (in total, weekly paid leave allowances from January 1, 2017 to April 2018; (b) KRW 951,120 in total from March 20 to March 29, 2018; and (c) the sum of weekly paid leave allowances of KRW 308,200 in the judgment of the lower court was closed from March 28, 2016 to KRW 308.

2,855,900 won is a clerical error in the facts charged in the judgment below. 2,856,90 won is a clerical error in the facts charged.

B The payment was not made within 14 days from the date of retirement without agreement on the extension of the due date.

B. According to the labor contract written by the Defendant and D around 2017, the lower court’s judgment indicated the urgency as KRW 6,470 as publicly notified by the Ministry of Employment and Labor as the minimum wage.

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