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(영문) 대전지방법원 서산지원 2019.02.20 2018고정58
근로기준법위반등
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is that the Defendant is an employer who runs a service business that collects fee from Tol, employing 23 workers as a representative director of D Co., Ltd. within the C’s place of business in Chungcheongnam-si, Chungcheongnam-si.

1. An employer who violates the Minimum Wage Act shall pay the workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Employment and Labor, and thus, shall pay wages at least 6,470 won per hour during a period between January 1, 2017 and December 31, 2017.

Nevertheless, the Defendant is working in the foregoing workplace from May 14, 2016 to May 13, 2017.

On February 10, 2017, the retired E paid only an hourly amount of KRW 6,295 won, which is below the minimum wage, as well as an hourly amount of KRW 6,295, as shown in attached Table 1, from around that time to August 10, 2017, as well as an hourly amount of KRW 6,295, as indicated in attached Table 1.

Accordingly, the defendant paid wages below the minimum wage.

2. The wages in arrear for employed workers shall be paid in full directly to workers in currency at least once a month on a fixed date;

Provided, That if there are special provisions in Acts and subordinate statutes or a collective agreement, part of wages may be deducted or paid by means other than currency.

Nevertheless, the Defendant did not pay KRW 9,211 out of the wages of April 10, 2016 to workers F employed in the same workplace, and did not pay KRW 77,797 out of wages to workers F, as shown in attached Table 2 from around that time to August 10, 2017.

3. The Defendant who paid wages to retired workers in arrears is working in the said workplace from May 14, 2016 to May 13, 2017.

The total amount of money and valuables, such as wages E of retired workers, 165,177 won, shall be extended without agreement between the parties.

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