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(영문) 인천지방법원 2019.08.21 2019고단2126
최저임금법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant of "2019 Highest 2126" is the user who runs the clothes manufacturing business using 42 full-time workers as the representative of Gyeyang-gu Incheon building and C in the fourth floor.

1. Any employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage amount each year wages exceeding the minimum wage amount determined and publicly notified by the Minister of Employment and Labor, and since the minimum wage in 2018 is KRW 7,530 per hour, he/she shall pay the wages in excess

Nevertheless, from January 12, 2015, the Defendant paid monthly wages of KRW 5,185 per hour from January 2, 2018 to September 9, 2015, including the payment of wages of KRW 5,185 per hour, and paid wages below the minimum wage, as shown in the attached Table 1, to the total 35 workers, as shown in the attached Table 1.

2. An employer in violation of the Labor Standards Act shall pay workers in full wages in currency at least once a month on a fixed date;

Nevertheless, as described in paragraph (1), the Defendant paid monthly wages from January 2018 to September 3, 2018, and paid wages equivalent to KRW 5,185 per hour below the minimum wage, and for the said period, did not pay the total amount of KRW 2,15,846, which is the difference with the minimum wage, to three workers, as listed in [Attachment 1] 4,9, and 14, including that the Defendant did not pay KRW 8,276,680, which is the difference with the minimum wage.

The defendant, as the representative C in Gyeyang-gu Incheon Metropolitan City, is a user who runs the manufacturing business of golf kinds and products using 50 full-time workers.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant is above.

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