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(영문) 광주지방법원 순천지원 2020.07.29 2019고정441
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Criminal facts

The defendant, as the representative of the limited liability company C located in B at all times, is an employer who employs 38 full-time workers and operates transportation business.

The Defendant did not pay annual leave allowances of 157,020 won per annum for unused leave on January 1, 2016 through December 31, 2016, 2016, annual leave allowances of 238,200 won per annum for unused leave on January 1, 2017 through December 31, 2017; annual leave allowances of 238,200 won per annum for unused leave; annual leave allowances of 331,927,140 won per annum for unused leave from January 1, 2018 to December 31, 2018; annual leave allowances of 330,500 won per annum for unused leave; annual leave allowances of 20,500 won per annum 20,50,000 won per annum 20,000 won per annum 25,000 won per annum 25,000 won per annum 25,25,2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, F, and A;

1. A complaint;

1. The content of confirmation of the fact of telephone, etc. (D), employment contract, and wage ledger (the defendant asserts that there is no intention to violate the Labor Standards Act because he did not pay the annual leave allowance under a collective agreement. In this regard, the annual leave under Article 60(1) of the Labor Standards Act is granted to workers who have worked not less than 80% for one year, and where the worker fails to use his annual leave within one year after acquiring his right to annual leave or retires before one year elapses, the employer may claim an annual leave allowance equivalent to the number of days of annual leave (see, e.g., Supreme Court Decisions 9Da10806, Dec. 22, 2000; 2003Da48549, 4856, May 27, 2005; 2003Da48556, May 27, 2005).

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