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(영문) 서울중앙지방법원 2018.03.27 2015고단2063

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

The Defendant, as the representative of the Gangnam-gu Seoul Metropolitan Government “C”, is a user who runs beauty and beauty business using 30 full time workers.

[2015 Highest 2063] From July 11, 2010 to April 15, 2014, the Defendant did not pay 51,432,498 won, including the annual paid leave allowances and retirement allowances of D, who retired from the said workplace, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

[2017 Highest 536]

1. Although an employer grants an employee a labor contract with the terms and conditions of labor, such as wages, prescribed working hours, holidays, and annual paid leave, when concluding a labor contract, the Defendant did not deliver to E a written document stating the elements of wages, calculation method, payment method, prescribed working hours, etc. while concluding a labor contract with an employee E at the same workplace around November 25, 2014.

2. Although an employer has paid a worker E who worked in the workplace at the minimum wage level above the minimum wage level, from November 25, 2014 to August 10, 2015, the Defendant paid the above E wages below the minimum wage level in the same manner as from January 25, 2015 to March 3, 2015, such as paying 1,090,000 won below the minimum wage level (minimum wage standard 1,16,220 won) below the minimum wage level.

3. As described in the preceding paragraph, wages of workers E employed at the same workplace from January 25, 2014 to August 10, 2015 shall be paid below the minimum wage level from January 2015 to March 2015, and overtime work allowances shall not be paid from January 25, 2015 to August 2015, and KRW 3,014,036 shall be paid within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date, as described in the following notice of arrears.