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(영문) 수원지방법원안산지원 2020.11.05 2020고정558

최저임금법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who is employed by three full-time workers as a manager in the office of Da referred to in YY-gu B and Da, Ansan-si. A. The defendant is an employer who is operating architectural interior fishery.

An employer shall pay wages exceeding the minimum wage amount to workers subject to the minimum wage.

The minimum wage applied from January 1, 2019 to December 31, 2019 is the City 8,350 won.

Nevertheless, the Defendant paid the wage in May 7, 2019 to E who worked from May 7, 2019 to July 29, 2019 and paid the wage in May 2019 below the publicly notified minimum wage amounting to KRW 800,000 equivalent to KRW 5,442 of the Si wage under the above publicly notified minimum wage amount, as shown in the attached Form, such as paying the wage in May 2019, June, and July 201 (the next 10th day).

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant, by falling short of the minimum wage from May to July 2019, did not pay KRW 1,282,350 in total and KRW 473,445 in total and KRW 1,75,795 in total and KRW 473,445 in total with wage for work at the end of June and July 2019 as shown in the attached Form, within 14 days from the date of retirement of the employee without any extension agreement between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement of E;

1. Although the Defendant asserts that he did not constitute a worker as a training employee who was ordered to work without remuneration from the beginning, the evidence presented as evidence of guilt.