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(영문) 광주지방법원 2016.11.17 2016고단3295

최저임금법위반등

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 is a person who employs two full-time workers as an operator of the Seo-gu “C” in Gwangju, Seo-gu, and operates the skin management service business.

1. An employer who violates the Minimum Wage Act shall pay workers wages exceeding the minimum wage amount, and the amount of 5,580 won at a time from January 1, 2015 to December 31, 2015, and the amount of 6,030 won at a time from January 1, 2016 to December 31, 2016, respectively, was the minimum wage. < Amended by Act No. 13690, Dec. 31, 2016>

From January 18, 2015 to April 2, 2016, the Defendant paid KRW 1,00,000 below the minimum wage of KRW 1,182,960 to D who worked in the above C as wages on February 2, 2015, and paid KRW 182,960 below the minimum wage of KRW 182,960 as stated in the attached list of crimes.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall pay a retirement allowance within fourteen days in case where a worker retires; and

The Defendant is working in the above C from January 18, 2015 to April 2, 2016.

1,553,424 of retirement allowances of retired workers D was not paid within 14 days from the date of retirement without any agreement on the extension of the due date.

3. An employer in violation of the Labor Standards Act shall specify working conditions, such as wages, by delivering a document in which the composition items, methods of payment, etc. of wages are specified, to the workers;

Nevertheless, on January 18, 2015, the Defendant did not specify working conditions, such as wages, due to the failure to deliver a labor contract and other documents in which the constituent items, payment method, etc. of wages are specified when concluding a labor contract with D workers around January 18, 201

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. E statements;

1. Application of Acts and subordinate statutes on deposits in wages;

1. Articles 28(1) and 6(1) of the Act on the Guarantee of Workers' Retirement Benefits (the violation of the Minimum Wage Act, the selection of fines), and Article 44 of the Act on the Guarantee of Workers' Retirement Benefits.