beta
(영문) 의정부지방법원 고양지원 2016.06.09 2015고단3061

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant, as a representative in Soyang-gu C in Goyang-gu B, is an employer who runs a service business using three full time workers.

1. An employer in violation of the Minimum Wage Act shall pay workers subject to the minimum wage to pay the minimum wage above the minimum wage amount. The minimum wage in 201 is hourly 4,320 won, hourly 4,580 won for the minimum wage in 2012, hourly 4,860 won for the minimum wage in 2013, hourly 5,210 won for the minimum wage in 2014, hourly 5,580 won for the minimum wage in 2014, hourly 5,580 won for the minimum wage in

Nevertheless, the Defendant paid an hourly rate below the minimum wage in December 201, 201 to D who worked from June 4, 201 to November 6, 2012; from February 5, 2013 to October 7, 2014; and from November 201, 201 to October 1, 201, the hourly rate was below the minimum wage in October 201; from November 1, 2008 to February 6, 2015 to E who worked from February 1, 2015 to December 2015, respectively, during which the hourly rate was below the minimum wage rate; and from December 1, 2013 to October 21, 2015, the hourly rate was below the minimum wage rate from October 1, 2014; and from October 2015 to October 21, 2014 to May 14, 2015.

2. 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;

Nevertheless, the Defendant did not pay three retired workers, including D, who worked from June 4, 201 to November 6, 2012 at the above workplace, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, for the difference between the actual wages and the minimum wage paid as stated in the attached crime list.

3. When a worker dies or retires, the employer who violates the guarantee of retirement benefits of the worker shall pay the worker wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant has worked from June 4, 201 to November 6, 2012 at the above workplace.