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(영문) 서울남부지방법원 2020.10.08 2020고정1331

최저임금법위반등

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 is a user who ordinarily employs approximately one worker as a representative director of the former C Co., Ltd. (formerly: D) in the B1st floor of Yeongdeungpo-gu Seoul Metropolitan Government building B, and operates video production work.

An employer shall pay wages exceeding the minimum wage determined and publicly notified by the Minister of Employment and Labor each year to workers subject to the minimum wage, and shall pay wages exceeding 6,030 won per hour during the period from January 1, 2016 to December 31, 2016, at least 6,470 won per hour during the period from January 1, 2017 to December 31, 2017, at least 7,530 won per hour during the period from January 1, 2018 to December 31, 2018, and at least 8,350 won per hour during the period from January 1, 2016 to December 31, 2019.

Nevertheless, the Defendant, at the above workplace, worked from August 12, 2013 to September 5, 2019 and paid the following pay E's wages, and paid them below the minimum wage amount as stated in the attached list of crimes.

(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 the date may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant, at the above workplace, worked from August 12, 2013 to September 5, 2019, and did not pay KRW 475 on October 475, 2016, which is the difference below the minimum wage in each year, to E retired on the following day, within 14 days from the date of retirement without agreement on extension of the due date between the parties.

(c) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

except in special circumstances.