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(영문) 부산지방법원 2016.06.15 2016고정138

최저임금법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a business owner who has been operating a clothing manufacturing business with eight full-time workers as a representative of Busan-gu CD located in Busan-gu, and is an employer.

1. An employer who fails to pay the minimum wage shall pay at least the minimum wage determined and publicly notified by the Minister of Labor each year to an employee subject to the minimum wage, and shall pay the minimum wage of 4,320 won per hour during the period from January 1, 201 to December 31, 201; and shall pay 4,580 won per hour during the minimum wage period from January 1, 201 to December 31, 201; and shall pay 4,860 won per hour during the period from January 1, 2013 to December 31, 2013; and shall pay 5,210 won per hour during the period from January 1, 2014 to December 31, 2014. < Amended by Act No. 12175, Dec. 31, 2014>

Nevertheless, the Defendant paid KRW 3,110 per hour, respectively, to E, who retired from the said workplace as a singing assistant work from November 3, 2004 to August 21, 2014, with the hourly wage below the minimum wage, from September 201 to July 2014.

2. When a worker dies or retires, the employer who has not performed the liquidation of money or valuables shall pay the wages, compensations, and other money or valuables within fourteen 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 retired from office with the minimum wage rate of 26,74,395 won from September 3, 201, to August 21, 2014, including the minimum wage rate of 894,765 won from November 3, 2004, and wage of 630,880 won from December 11, 201, respectively, and the minimum wage rate of 707,970 won from January 201 to December 12, 201, respectively, and 790 won from January 1, 2013 to December 12, 201, and 894,74,395 won from January 7, 2014 to August 21, 2014; and 548,148,148,1427,237,257, etc. from each party’s retirement from office within the agreed date.