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Reasons
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(영문) 부산지방법원 2018.07.11 2017고정1535
최저임금법위반등
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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 operates "D" as a temple in the Geum-gu Busan Metropolitan Government C.

1. An employer in violation of the Minimum Wage Act shall pay the workers subject to the minimum wage rate at least the minimum wage determined and publicly announced annually by the Minister of Labor, and the minimum wage determined and publicly announced by the Minister of Labor shall be 4,860 won in 2013, 5,210 won in an hourly rate in 2014, 5,580 won in an hourly rate in 2015, and 6,030 won in an hourly rate in 2016;

Nevertheless, the Defendant paid an hourly amount of KRW 3,597 won from May 23, 2003 to May 22, 2014, and KRW 5,036 in an hourly rate from May 2013 to June 22, 2016, to retired workers E who were working in the said inspection, and were not paid wages above the minimum wage level.

2. When a worker dies or retires, the employer who violates the Labor Standards Act and the Guarantee of Retirement Benefits of the worker shall pay the wages, retirement allowances, and all 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 worked in the said inspection from October 23, 2003 to June 22, 2016, and paid two workers’ wages and retirement allowances, including 6,821,88 won in total and 14,078,564 won in total, and 7,256,676 won in retirement allowances, from January 5, 2007 to January 22, 2015, and paid 16,945,40 won in total, including 2,86,836 won in retirement allowances of retired workers F, from January 5, 2007 to January 22, 2015.

Summary of Evidence

1. Each statement of witness E, F and G in the second public trial records;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Inspection registration certificate;

1. G certification;

1. Each wage analysis and a detailed statement of retirement allowances;

1. On-site business trips;

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