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(영문) 서울북부지방법원 2016.09.29 2015고정2481
근로기준법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendants employ approximately two hundred full-time workers and jointly operate the taxi transportation business entity E company located in Jung-gu Seoul Metropolitan Government D.

From November 17, 198 to February 28, 2013, the Defendants did not pay 1,364,380 won for unused leave allowances for annual 201 201, 1,46,570 won for unused leave allowances for annual 2012, 1,446,570 won for unused leave allowances for annual 2013, 1,446,570 won for unused leave for annual 201, and 50,000 won for vehicle maintenance expenses from June 2, 201 to December 2012, the sum of 50,000 won for monthly 5,200, total sum of 5,207,520 won within 14 days from the date of retirement without agreement between the Parties on the extension of the payment period.

Summary of Evidence

1. Statement made by the police with respect to F (including a detailed statement of payment for the maintenance cost of the vehicle for the principal attached thereto);

1. Application of the monthly wage ledger for each individual and the retirement certificate statutes attached to the police statement protocol in G;

1. Relevant legal provisions and the Defendants’ choice of punishment for criminal facts: Articles 109(1) and 36 of the Labor Standards Act; the Defendants’ choice of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. The Defendants of the Provisional Payment Order: (a) the Defendants asserted that the determination of the Defendants’ assertion as to ① the annual paid leave allowance from 25 days to 3 days each year, which is the F’s annual leave of absence; (b) the Defendants paid KRW 639,100 to the annual paid leave allowance of KRW 750,000 each year for the remaining 22 days; and (c) the vehicle maintenance expenses are paid at will by the company and are not mandatory.

With respect to the annual paid leave allowance, 1. With respect to the annual paid leave allowance, the Labor Standards Act shall, except as otherwise provided, grant annual paid leave at the time requested by the worker (Article 60(5)), and pursuant to a written agreement with the worker’s representative, allow the worker to take a leave on a specified working day in lieu of the annual paid leave.

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