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(영문) 부산지방법원 동부지원 2017.10.19 2017고정232
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is an employer as a head of a room who operates a bath business using one full-time worker under the trade name of a bath in the 6th floor of Busan Southern-gu B building.

1. An employer who has been paid wages or retirement allowances shall, if a worker retires, pay such wages or retirement allowances within 14 days after the ground for such payment occurred;

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

Nevertheless, the defendant did not pay 9,361,785 won in total, including D's wage 1,712,520 won in April 2016 and retirement allowance 7,649,265 won in the above workplace from September 4, 2009 to April 29, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.

2. An employer who has not paid pre-paid allowances shall, when he/she intends to dismiss a worker, do so at least 30 days prior to the dismissal, and if he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less than

Nevertheless, as the Defendant had workers D work only until April 29, 2016, and removed the said workplace from April 30, 2016, the Defendant did not immediately pay KRW 1.2 million ordinary wages for 30 days on the date of dismissal without giving 30 days prior notice of dismissal.

3. An employer who violates the minimum wage law shall pay the workers subject to the application of the minimum wage rate not less than the minimum wage amount publicly notified annually; and

Nevertheless, the Defendant did not pay KRW 18,638,980, total of D’s minimum wage difference at the same workplace from April 30, 2013 to April 29, 2016, as indicated in the attached Table monthly minimum wage difference, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the complainant's statement, statement protocol, and accusation protocol;

1. Article 109 of the Labor Standards Act for Criminal Facts

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