(영문) 의정부지방법원 2018.10.15 2018노676

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Reasons

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크기(pt)

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자간(%)

(영문) 의정부지방법원 2018.10.15 2018노676

근로기준법위반등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On the grounds delineated below, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

A) The Defendant’s deduction of traffic accident 1,200,000 won, which the Defendant did not pay to D, is not a wage, because it is not a bonus paid under the condition of an accident. Thus, even if the Defendant did not pay D who caused the two traffic accidents an allowance on board on the ground of non-performance of the condition, it does not constitute a pre-determined penalty under Article 20 of the Labor Standards Act.

B) Since there was a considerable reason to contest the existence of the obligation to pay wages, etc. to D, the Defendant had an intention to pay wages to the Defendant.

shall not be deemed to exist.

2) The sentence that the lower court rendered unfair sentencing (an amount of KRW 300,000) is too unreasonable.

B. According to the evidence submitted by the prosecutor 1), although the defendant could sufficiently recognize that he did not pay the retirement allowance of KRW 1,381,140 to D, the court below erred in the misapprehension of legal principles as to this part of the facts charged and adversely affected the conclusion of the judgment.

2) The above sentence that the court below rendered unfair sentencing is too unfortunate and unfair.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of this part of the facts charged is that the Defendant, as the representative director of the “C stock company” in Guri-si B, is an employer who runs transportation business using 30 full time workers.

The Defendant did not pay a total of KRW 1,546,460 (346,460 annual leave allowances of KRW 1,200,000) of D’s wages, etc. (346,460,000, annual leave allowances of KRW 1,200) that he/she retired while working in the said workplace from June 1, 201 to October 2, 2013 within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

B. The lower court found the Defendant guilty of this part of the facts charged on the grounds indicated in its reasoning.

(c)

The judgment of the court below and the trial of the party.

유사 판례

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