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(영문) 수원지방법원 2018.07.19 2018고정592

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is an employer who conducts the agricultural or livestock industry, such as cultivating various crops in a vinyl house with the trade name “I” from the wife population H, when the Defendant is an employer who conducts the agricultural or livestock industry.

1. The Defendant did not pay the total of KRW 2,964,108 of wages of Cambodia’s employees J, who worked in the above workplace from May 28, 2015 to April 30, 2017, as shown in the list of crimes in the attached Table, and did not pay KRW 8,252,604 of the total wages of four workers of Cambodia’s nationality within 14 days from the date of retirement without any agreement on extension of the date of payment between the parties. The above workplace did not pay KRW 196,480 of the annual allowances of Cambodia’s employees from the date of July 20, 2016 to April 30, 2017 to KRW 196,480 of the annual allowances of Cambodia’s employees, KRW 400 of the annual allowances from July 20, 2016 to April 30, 2017 to KRW 4050 of the retirement allowances of Cambodia’s respective parties to the agreement.

2. An employer shall pay a worker to whom the minimum wage applies at least the minimum wage, shall pay at least 5,580 won as an hourly minimum wage in 2015, at least 6,030 won in 2016, and at least 6,470 won in 2017;

Nevertheless, the Defendant paid 8,252,604 won in total to four workers of Cambodia's nationality, such as the list of crimes in attached Form 1, to the J, who worked in the above workplace as described in the above paragraph 1, as the minimum wage, as stated in the above paragraph 1, and paid 8,252,604 won below the minimum wage.

3. The Defendant’s employee’s retirement allowance of KRW 774,597, and the total amount of KRW 1,551,834, including KRW 77,237, and the total amount of KRW 1,551,834, which were worked from May 28, 2015 to April 30, 2017 at the above workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.