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(영문) 서울남부지방법원 2017.01.10 2016고정2053

최저임금법위반등

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative member of unlimited partnerships D in Geumcheon-gu Seoul Metropolitan Government, who runs the taxi transport business using 130 full-time workers.

(a) An employer who violates the minimum wage law shall pay the workers subject to the application of the minimum wage amount above the minimum wage amount;

Nevertheless, the Defendant did not pay KRW 4,205,842, the aggregate of the monthly minimum wage and the actual wage amount paid between January 15, 2011 and January 15, 2014 to January 2014, the monthly minimum wage of KRW 4,580 (2012), 4,860 (2013), 5,210 (2014) below the minimum wage of KRW 4,205 to 5,052, and did not pay KRW 605,842, the difference between the actual wage amount and the actual wage amount each month by continuously working in the said workplace from January 15, 201 to January 15, 2014; and did not pay KRW 4,842, the minimum wage amount of KRW 308,384,488,41,208,308,41,208,384,208,201.

(b) When a worker dies or retires, the employer violating the Labor Standards Act shall pay the wages, etc. within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the due date.

Nevertheless, the Defendant, as described in the preceding paragraph, did not pay KRW 76,060 of E, which was less than the minimum wage in January 2012, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date, and did not pay KRW 2,024,82 in total in the wages in arrears of two workers within 14 days from the date of retirement without an agreement between the parties on the extension of payment date.

2. Determination

(a) hour;