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(영문) 서울남부지방법원 2013.04.05 2012노1844
근로기준법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant’s company (hereinafter “Defendant Company”) entered into a comprehensive wage contract with the victim F, who is an existing employee, on December 31, 2008, and with the victim E, who is newly employed as an employee, on February 1, 2009, with which the victims should pay holiday allowances as monthly salary including annual salary. Thus, the Defendant does not have any separate duty to pay holiday allowances to the victims, and even if such comprehensive wage contract is null and void, there is no ground for dispute as to the existence of the obligation to pay holiday allowances to the victims, and thus, there is no intent to commit a violation of the Labor Standards Act.

2. The following circumstances recognized by the lower court based on the evidence duly adopted and investigated by the lower court (i.e., the hours of work are 8 hours a day, 40 hours a week, 10 hours a week, and 209 hours a month. Work hours are 09 hours a month. Work hours are 09:0 to 18:00 hours, and rest hours are 12:0 to 13:00,000 hours, and wages are 3:0 (Article 3), including all various allowances, annual salary (victim F: 19.5 million won, victim E: 21.5 million won a month). Employees are 150,00 won a month, and 10,000 won a month’s communication expenses (Handphone) are paid by the end of the following month, and the Defendant is deemed to have worked at the workplace or in part outside of his workplace, and the Defendant shall be deemed to have worked at the workplace (hereinafter referred to as “work hours and holiday work hours”).

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