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(영문) 대구지방법원 2019.08.13 2019고정578

최저임금법위반등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the user who operates restaurant business as the representative of the C in Daegu Jung-gu.

1. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage at least the minimum wage amount, and shall pay wages of at least 6,030 won per hour during the period from April 1, 2016 to December 31, 2016, 6,470 won per hour during the period from January 1, 2017 to December 31, 2017, and 7,530 won per hour during the period from January 1, 2018 to April 30, 2018.

Nevertheless, the defendant is working in the main room from April 1, 2016 to May 14, 2018 at the above workplace.

A retired D paid 5,290 won (from April 1, 2016 to April 30, 2017), 5,450 won (from May 1, 2017 to April 30, 2018) below the minimum wage amount.

2. Violation of the Labor Standards Act.

(a) An employer shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the items, calculation methods, payment method and contractual work hours of wages, holidays, and matters pertaining to annual paid leaves to workers;

Nevertheless, on April 1, 2016, the Defendant did not specify working conditions such as wages, etc. while employing D at the same place of business, and did not deliver a document stating matters concerning the composition items, etc. of wages.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 works in the above workplace from April 1, 2016 to May 14, 2018.

The retirement D did not pay 8,911,630 won in aggregate of the minimum wage difference to retired D.

3. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall retire;