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(영문) 인천지방법원 2018.08.31 2018고정362
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From August 31, 2016, the Defendant is a person who is working as the chairperson of the Steering Committee of the E Management Office in Seo-gu Incheon, Seo-gu, 301, and two full-time workers in the commercial building management business.

1. An employer who violates the minimum wage law shall pay the workers subject to the application of the minimum wage amount above the minimum wage amount;

Nevertheless, the Defendant paid only City 4,115 won between July 22, 2013 to February 13, 2017 to F workers who provided labor at the same workplace, from August 31, 2016 to December 31, 2016, to F workers who were provided with labor at the same workplace, and from August 31, 2016 to December 31, 2016 to Si 6,030, which is the minimum wage amount in 2016. From January 1, 2017 to February 13, 2017, the Defendant paid only Si 6,470 won, which is the minimum wage amount in 2017, and from August 31, 2016 to February 13, 2017.

2. Violation of the Labor Standards Act;

(a) If a worker dies or retires, the employer in arrears of wages shall pay him/her wages, compensations, and all other money or valuables within 14 days from the date on which the cause for such payment occurred;

Nevertheless, the Defendant did not pay to the said F the amount below the minimum wage between August 31, 2016 and February 13, 2017 (the difference between the wages paid each month and the minimum wage) KRW 2,781,570 and the unpaid amount of KRW 731,210,210, and the unpaid amount of overtime labor allowances, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

(b) An employer who has not paid an advance notice of dismissal shall give the advance notice of dismissal at least thirty (30) days before the dismissal of the employee, and shall pay not less than thirty (30) days’ ordinary wages if the advance notice is not given thirty (30) days’ ordinary wages.

Nevertheless, on February 6, 2017, the Defendant sent a notice of dismissal to the F by not later than February 13, 2017 and did not give the notice of dismissal by not later than 30 days prior to the date of the dismissal, which corresponds to 30 days of ordinary wages on the date of the dismissal.

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