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(영문) 서울남부지방법원 2021.01.08 2020고정1531

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 the representative of the Ctel management office in Seoul, who runs a building management business using 20 full-time workers.

1. An employer in violation of the Minimum Wage Act shall pay workers subject to the application of the minimum wage amount to the wages not less than the minimum wage amount determined and publicly notified by the Minister of Labor each year, and shall pay the wages not less than the minimum wage rate of 8,590 won per hour during the period from January 1, 202 to December 31, 2020;

Nevertheless, the Defendant served in the said workplace from April 26, 2019 to April 30, 2020, and paid 8,350 won an hourly wage below the minimum wage amount, while paying D retirement wages in January to April 2020.

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 12,494,300 won in total, including 12,262,096 won and annual paid leave allowances, within 12,494,300 won, as stated in the list of crimes in attached Table 1, as well as 180,58 won in April 2019, to D who were employed in the above workplace as described in paragraph 1 at the above workplace and retired from the workplace, within 14 days from the date of retirement, which is the date on which the cause for the payment occurred, without agreement between the parties on the extension of the payment deadline.

3. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the defendant at the above workplace without agreement between the parties on the extension of the payment date, the amount of KRW 971,740, out of KRW 3,126,470 of the retirement pay of KRW 3,126,470 of the retirement pay of KRW 971,740 of the retirement pay of KRW 3,14