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(영문) 울산지방법원 2014.10.13 2014고정1578

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in food business while operating the “D” on the 6th floor of convenience facilities within the C Hospital located in Gyeyang-si B.

1. The Defendant in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits did not pay wages of KRW 489,760 and retirement allowances of KRW 5,057,904 of retired workers E while serving as an employee in the above restaurant from May 6, 2010 to March 20, 2013, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

2. Any employer who violates the Minimum Wage Act shall provide the workers subject to the minimum wage with wages exceeding the minimum wage amount; and

Nevertheless, the Defendant did not pay 4,736,10 won in difference in the minimum wage in 2010, 6,589,260 won in 201, the difference in the minimum wage in 2011, and 3,964,200 won in the difference in the minimum wage in 2012, and 16,136,860 won in the aggregate of 847,290 won in the difference in the minimum wage in 2013, and 16,136,860 won in the aggregate of 16,136,860 won in the difference in the minimum wage in 2013, from June 24, 2010 to March 20, 2013 of the employee E who retired after serving as an employee as an employee, for each month, 3,083,437 won in the minimum wage in 201, 4,013,4,460 won in the minimum wage in 238,1636

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application of the detailed statement of the minimum wage difference in statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, Article 28(1) and Article 6(1) of the Minimum Wage Act, each of the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

1. Each selective fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;