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(영문) 서울중앙지방법원 2016.08.30 2016고정833
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

1. The Defendant is the representative of Dongjak-gu Seoul Metropolitan Government, who has run the notified personnel business as the representative of Dongjak-gu.

2. 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; and

Nevertheless, the Defendant paid D wages from July 8, 2014 to February 7, 2015 at the same place of business, and paid 2,117 won per hour under the minimum wage amount of 5,210 won per hour in 2014 and the minimum wage amount of 5,580 won per hour in 2015 (the wage of 400,000 won/ monthly work hours of 18.8 hours per month).

3. An employer who violates the Labor Standards Act by neglect of an act of violating the duty to specify working conditions shall specify the matters concerning the wages, prescribed working hours, holidays, annual paid leaves, and the method of calculating and paying the constituent items of wages to the worker when concluding a contract for work, and shall also deliver the written statement specifying working conditions to the worker; and

Nevertheless, the Defendant did not specify in writing matters regarding wages, fixed working hours, holidays, annual paid leaves, the method of calculating the constituent elements of wages, etc. while concluding a work contract with D who had worked as above and D on July 8, 2014, and did not issue them.

4. An employer who violates the Labor Standards Act by which payment of the pre-employment allowance shall be made in advance at least 30 days, if he/she intends to dismiss an employee, and if he/she fails to make the pre-employment thirty days, he/she shall pay the ordinary wages for at least thirty days.

Nevertheless, the Defendant, around February 2, 2015, posted to the above D on February 7, 2015 at the above workplace around 18:00, only until February 7, 2015.

“The dismissal did not pay 1,053,950 won (18.88 hours a month) for the 30 days’ ordinary wage while dismissing.

5. An employer who violates the Labor Standards Act by neglect of payment of wages shall be dead.

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