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(영문) 대전지방법원 논산지원 2018.03.27 2018고정19

근로기준법위반등

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, as the representative of C in Edsan-si, is an employer who engages in crop cultivation business, such as drilling, using two full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Defendant 1 did not pay KRW 3,380,116 in total, including KRW 92,253 in the separate sheet on the calculation of the minimum wage in May 2016, as well as KRW 1,690,058 in total, 3,380,116 in total, including KRW 92,253 in the separate sheet on the calculation of the minimum wage, within 14 days from the date of retirement, to the person who has worked for foreigners from April 23, 2016 to July 16, 2017.

2. An employer who violates the minimum wage law shall pay the workers to whom the minimum wage is applied the wages above the minimum wage amount; and

Defendant paid the above-mentioned foreign workers D and F’s wage in May 2016, and paid 5,047 won, which is less than the minimum wage of KRW 6,030,00, which is the minimum wage in 2016, the Defendant paid to the above workers each eight times as indicated in the attached Table for the Calculation of the Minimum Wage from May 20, 2016 to July 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. An oral statement of opinion;

1. Details of passbook transactions;

1. Standard labor contract;

1. C Wage Ledger;

1. Application of the statutes on the details of transactions in which wages are paid by the actual persons;

1. Relevant Articles 109(1) and 36 of the Act on the Standards for Selective Labor for Criminal Facts, Articles 28(1) and 6(1) of the Minimum Wage Act (which means payment below the minimum wage), and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.