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(영문) 서울중앙지방법원 2017.06.29 2017고단2671
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the corporation located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, 301, who employs 250 full-time workers and operates the facility operation and management business.

1. An employer in violation of the Minimum Wage Act shall pay the wages above the minimum wage amount to the workers to whom the minimum wage is applied, and the minimum wage in 2013 shall be the Si wage of 4,860 won, the minimum wage in 2014 shall be the Si wage of 5,210 won, the minimum wage in 2014 shall be the Si wage of 5,580 won, the minimum wage in 2015 shall be the Si wage of 6,030 won.

Nevertheless, the Defendant, from December 1, 201 to July 31, 2015, paid wages below the minimum wage amount to workers F who worked in the above workplace from around December 1, 2011, as well as the list of crimes in attached Form.

1. As indicated in the statement, wages to 46 workers less than the minimum wage amount were paid.

2. Violation of the Labor Standards Act;

(a) In cases where an employee dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the due date may be extended by mutual agreement between the parties concerned in exceptional circumstances;

Nevertheless, the Defendant did not pay KRW 1,870,235 of the night work allowances and overtime work allowances to G employed workers who were employed in the said workplace from August 1, 2015 to April 3, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

(b) No employer shall give discriminatory treatment to workers on the ground of nationality, religion, or social status.

Nevertheless, the Defendant, from October 4, 2014 to June 30, 2016, did not pay welfare points and transportation subsidies during the period of service to H, who worked in the said workplace, on the ground that he/she was not a full-time employee in Seoul metro, but a self-employed employee in the E Co., Ltd., and did not pay welfare points and transportation subsidies. The attached Table 2.3.

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