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(영문) 수원지방법원 안산지원 2019.06.14 2019고단215
최저임금법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a manager of the room C in Ansan-si, Ansan-si, and is an employer who engages in cleaning services using four regular workers.

1. An employer violating the Minimum Wage Act shall pay workers subject to the minimum wage each year wages above the minimum wage determined and publicly notified by the Minister of Employment and Labor. The minimum wage in 2012 is hourly 4,580 won, the minimum wage in 2013 is hourly 4,860 won, the minimum wage in 2014 is hourly 5,210 won, the minimum wage in 2015 shall be hourly 5,580 won, the minimum wage in 2015 shall be hourly 6,030 won, the minimum wage in 2016 shall be hourly 6,470 won, and the minimum wage in 2018 shall be hourly 7,530 won.

Nevertheless, the defendant is working in the above workplace from June 10, 2012 to March 31, 2018.

D paid 80,000 won below the monthly minimum wage amount of 1,044,790 won in 2012 to retired D and paid 31,968,208 won below the minimum wage amount, such as in the list of crimes, from that to April 2018.

2. When a worker dies or retires, the employer in violation of the Labor Standards Act 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 June 10, 2012 to March 31, 2018 at the above workplace.

D A total of 31,968,208 won in total due to the payment below the minimum wage amount, as shown in the attached list of crimes, and 4,770,258 won in total, such as the total of 12,802,050 won in weekly paid leave allowances, did not pay 4,770,258 won in total within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension

3. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, within fourteen days after the cause for such payment occurred.

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