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(영문) 수원지방법원안산지원 2020.10.28 2020고정481
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who runs a Korean-style restaurant with six full-time workers as a representative of the Mapo-gu building B and C located in Ansan-si, Ansan-si.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant is working from August 3, 2018 to November 9, 2019 at the above workplace.

The retirement E, like the statement of calculation of annual leave allowances of 1,736,80 won and the attached calculation statement of overdue wages from January 2019 to November 2019, paid annual leave allowances of 1,365,045 won below the minimum wage (basic wage) and night allowances of 15,082,676 won from August 2018 to November 2019 and annual leave allowances of 18,18,184,521 won including the total amount of 16,47,721 won, and the total amount of 16,47,521 won from the date of retirement without an extension agreement between the parties.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the defendant did not pay 601,000 retirement allowances of the above worker E within 14 days from the date of retirement without an extension agreement between the parties.

3. An employer shall pay wages exceeding the minimum wage amount to workers to whom the minimum wage applies; and

Nevertheless, when paying monthly wages to the above workers E, the Defendant paid 1,365,045 won in total, including 145,150 won, when paying monthly wages (basic wages) in January 2019, as stated in the detailed statement of calculation of wages in arrears, and paid 1,365,045 won below the minimum wage amount.

(i) the evidence;

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