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(영문) 의정부지방법원 2018.02.22 2017고정979
최저임금법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a C representative in the 1st floor underground of the Dong Government City B, who ordinarily employs six workers and operates rice manufacturing and wholesale retail business.

(a) An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly announced by the Minister of Labor each year; a period from January 1, 2015 to December 31, 2015, from the minimum wage rate, at least 5,580 won per hour; and a period from January 1, 2016 to December 31, 2016, from the minimum wage rate per hour, shall be at least 6,030 won per hour;

Nevertheless, the Defendant paid KRW 1,410,065 in total to the minimum wage amount, such as the wage 132,630 won on March 3, 2016 of retired workers D who worked from the above workplace from July 6, 2015 to May 27, 2016 at the above workplace, as shown in the list of crimes in attached Form.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause 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 KRW 1,410,065 in total amount of wages within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline, as shown in the list of crimes in the attached Form, including KRW 132,630 of the retirement worker D, who worked in the above workplace from July 6, 2015 to May 27, 2016.

(c)

An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the method and method of calculating the constituent elements of wages, prescribed working hours, holidays under Article 55, and paid leaves under Article 60 to workers.

Nevertheless, the defendant is guilty.

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