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(영문) 춘천지방법원 강릉지원 2017.04.26 2017고정48

최저임금법위반등

Text

Defendant shall be punished by a fine of one million won.

When the above fine is not paid, the defendant shall be the defendant for 10 days.

Reasons

Criminal facts

The defendant is the representative of the D convenience store located in Gangnam-si C, who runs retail business using three full-time workers.

1. An employer who commits a violation of the Minimum Wage Act shall pay workers to whom the minimum wage is applied at least the minimum wage determined and publicly announced by the Minister of Labor each year, and shall pay wages of at least 5,580 won per hour during the period from January 1, 2015 to December 31, 2015, and shall pay wages of at least 6,030 won per hour during the period from January 1, 2016 to December 31, 2016;

Nevertheless, the Defendant paid KRW 4,200 per hour below the minimum wage amount from May 1, 2015 to July 2, 2017 when he/she worked in the said workplace and paid monthly wages to E retired, and paid KRW 4,500 per hour below the minimum wage amount from December 2015 to December 2015. From January 2016 to July 2016, the Defendant paid KRW 4,500 per hour below the minimum wage amount.

2. An employer who commits a crime in violation of the Labor Standards Act shall, if the worker dies or retires, 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 had worked for May 1, 2015 to July 2, 2016 and had been retired from the said workplace, and had not paid 7,464,120 won in total as well as 2,56,000 won in weekly paid-in allowances and weekly paid-in allowances which fall short of the minimum wage amount of E, 14 days from the date of retirement, which is the date on which the cause of payment occurred, without any agreement between the parties to the extension of the payment date.

3. An employer who commits a crime of violating the Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within 14 days after the ground for such payment occurred, if the employee retires;

Provided, That in special circumstances, the parties shall agree upon.