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(영문) 수원지방법원 안산지원 2020.07.21 2020고단1416
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, as the real representative of the (ju)C C C C in light time, is an employer who runs a manufacturing business by employing four full-time workers.

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified by the Minister of Employment and Labor each year, and shall pay wages at least 7,530 won per hour during the minimum wage period from January 1, 2017 to December 31, 2017, and at least 6,470 won per hour during the minimum wage period from January 1, 2017 to December 31, 2017;

Nevertheless, the Defendant, who was employed on August 2, 2017 in the foregoing workplace and was employed as a manufacturer on August 2, 2017, and paid D wages to D who retired on June 4, 2018, and paid 6,317 won in 2017 and 7,060 won in hourly rate below the minimum wage amount in 2018.

2. The full amount of wages shall be paid directly to workers in currency;

Provided, That if there are special provisions in Acts and subordinate statutes or a collective agreement, part of wages may be deducted or paid by means other than currency.

Nevertheless, as indicated in the preceding paragraph, the Defendant paid the amount of wages of 348,795 won from August 2, 2017 to June 4, 2018, which falls short of the minimum wage, as indicated in the attached Table of Crimes, and did not pay the difference on the 10th day of the following month, which is the date of the regular payment of wages.

3. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers;

Nevertheless, the Defendant, upon entering into a labor contract on August 2, 2017 with a retired member D and on August 2, 2017, entered into the said workplace, and the constituent items, calculation method, and payment method of wages.

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