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(영문) 서울남부지방법원 2015.02.09 2014고정3639

최저임금법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of the C Institute in Gangseo-gu Seoul Metropolitan Government, who runs educational service business using one full-time worker as the representative of the C Institute.

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly announced by the Minister of Employment and Labor each year, and shall pay wages at least 5,210 won per hour during the period from January 1, 2014 to December 31, 2014;

Nevertheless, the Defendant is working from June 9, 2014 to July 16, 2014 at the above workplace.

The retirement D paid an hourly amount of KRW 4,166 below the minimum wage amount.

2. 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 is working from June 9, 2014 to July 16, 2014.

By paying wages during the period of service of retired D below the minimum wage, 158,541 won of the difference was not paid within 14 days from the date of retirement ( July 17, 2014) on which the cause for payment occurred, without agreement between the parties to the extension of the payment due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 28 (1) and Article 6 (1) of the Minimum Wage Act, Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act provides that the Defendant paid all unpaid wages to retired workers and the Defendant has no criminal power to punish them.