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(영문) 대전지방법원 논산지원 2018.06.26 2018고정51

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as a representative of the D Beauty Research Institute in Chungcheongnam in Chungcheongnam-si, is an employer who operates a private teaching institute business employing three full-time workers.

1. An employer shall pay workers subject to the minimum wage at least the minimum annual wage determined and publicly notified by the Minister of Labor each year, and shall pay wages at least 5,580 won per hour during the period from January 1, 2015 to December 31, 2015;

Nevertheless, the Defendant paid 5,409 won below the minimum wage in April 28, 2015 to E who worked in the workplace from December 26, 2012 to April 28, 2017, and paid 5,313 won below the minimum wage while paying the wages in May 2015, and 5,498 won below the minimum wage while paying the wages in October 2015.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 146,11 won in total, including 44,357 won in April 2015, wage of 81,457 won in May 2015, wage of 2015, and wage of 20,297 won in October 2015, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

3. When a worker retires, an employer shall pay the retirement allowance within fourteen days after the cause for such payment occurs;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 6,686,96 of the Workers E’ Retirement Allowance within 14 days from the date of retirement, which is the date on which the grounds for payment occurred, without the agreement between the parties on the extension of the payment deadline.

4. The employer shall enter into a contract for work;