A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is an employer who operates a wholesale company with 70 full-time workers as the representative director of the (ju) E in the building of the Gyeonggi-si Government.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.

Nevertheless, the Defendant did not pay KRW 2,424,859, total amount of wages of October 15, 2012 to F retired from the said workplace as wages (unused annual allowances) of October 2014, KRW 9,570, KRW 524,721, and KRW 2,424,859, including wages (unused annual allowances) of October 2015 (unused annual allowances) of October 2015, even though there was no agreement between the parties on the extension of payment date, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of payment date.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. The details of annual use, detailed statement of salary, and employment contract (the defendant and his defense counsel agreed with F to substitute an unpaid holiday with annual paid leave, and thus F excluded the number of unpaid leave already used from the number of annual paid leave days, and paid annual leave allowances for the number of days of annual paid leave with F;

The argument is asserted.

However, Article 60 of the Labor Standards Act provides that an employer may, pursuant to a written agreement with the worker's representative, allow a person who works on a particular working day to take a leave in lieu of an annual paid leave under Article 60.

In light of the legislative intent of the above provision, in order to replace the annual paid leave with the unpaid leave of absence, it can only be possible through a written agreement of the employee representative in order to replace it with the unpaid leave of absence.

Since it is reasonable to replace the annual paid leave with the unpaid leave (see Supreme Court Decision 2011Da23149 decided July 14, 201, etc.) in this case, a written agreement is made by the employee representative on the substitution of the annual paid leave with the unpaid leave.