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(영문) 전주지방법원 2018.01.12 2017고정510

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 actual employer who has run a gas station business using two full-time workers in the name of D in Kim Jong-si.

(a) An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified annually by the Minister of Labor, and shall pay wages of at least 4,860 won per hour during the period from January 1, 2013 to December 1, 2013, and shall pay wages of at least 5,210 won per hour during the minimum wage period from January 1, 2014 to December 31, 2014, and shall pay wages of at least 5,580 won per hour during the period from January 1 to December 31, 2015, and shall pay wages of at least 6,030 won per hour during the period from January 1, 2015 to December 31, 2016 to December 31, 2016.

Nevertheless, the Defendant paid E’s wage during the period from April 1, 2013 to May 9, 2016 at the same place of business and paid the wage of KRW 3,459 to E below the minimum wage during the period from April 1, 2013 to June 13, 2013; and paid the wage of KRW 3,59 won during the period from June 14, 2013 to March 7, 2014; and paid the wage of KRW 5,675 below the minimum wage during the period from January 1, 2016 to May 9, 2016; and paid the wage of below the minimum wage during the period from June 14, 2013 to June 13, 2013 to KRW 3,459; and paid the wage of below the minimum wage during the period from March 16, 2014 to Grade 15 to May 9, 2016 to below the minimum wage period.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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