(영문) 서울동부지방법원 2021.01.15 2020고정179

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2021.01.15 2020고정179

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the failure to deliver a labor contract is attributable.

Reasons

Punishment of the crime

The defendant is a user who operates C (State) in Seongdong-gu Seoul Metropolitan Government.

An employer shall pay workers wages in full in currency directly.

Nevertheless, the Defendant did not pay KRW 227,280,00,000,000 on January 10, 2019, the wage payment date, and KRW 202,179,00,000 on February 10, 2019, which is the date of wage payment, to workers E’s non-paid leave working at the junguk-gun Factory in Gangwon-gun.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant and the defense counsel asserting that the Defendant used the annual paid leave that the Defendant could use in light of the year 2018, including 4 days of hospitalization due to traffic accidents, for a total of 10 days of annual paid leave including 10 days of annual paid leave, the written labor contract and the written petition of employment rules for E in each special judicial police statement regarding E (i.e., the Defendant and the defense counsel related to the failure to pay the annual paid leave allowances.

According to the above evidence, E had a total of nine days of annual paid leave according to the number of working days in 2018, and E applied for annual paid leave and used six days among them.

Article 60(5) of the Labor Standards Act provides that "the employer shall grant the annual paid leave at the time when the employee requested to do so," and Article 39 of the Rules of Employment of C Co., Ltd. (hereinafter "C") provides that "the annual paid leave shall be submitted to each individual who has a reason for leave." The substitution of the annual paid leave is likely to deprive the employee of his/her right to use the annual paid leave at the time when the employee wants, so the agreement to substitute the annual paid leave should be made according to the employee's free will. According to the records, the defendant's arbitrary treatment of the period of his/her admission into E is only recognized (164 pages of evidence records) and the free will of E.

유사 판례

-의정부지방법원 2018.10.05 2018노156

-대전지방법원 홍성지원 2018.04.10 2017고단434

-서울북부지방법원 2016.09.29 2015고정2481

-수원지방법원 2016.02.17 2015노3015

-의정부지방법원 2017.12.21 2017고정1731