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(영문) 광주지방법원 2020.12.24 2020고정716
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a user who runs beauty and beauty business using one full-time worker in the name of Seo-gu B apartment C, Seo-gu, Gwangju.

1. An employer who violates the Labor Standards Act due to the failure to prepare a labor contract shall clearly state the wages, contractual work hours, holidays, annual paid leave, and other working conditions prescribed by Presidential Decree to the workers when concluding the labor contract;

Nevertheless, on February 11, 2016, the Defendant did not specify the working conditions while entering into a labor contract with E at the same workplace.

2. The employer who violates the Minimum Wage Act shall pay the workers to whom the minimum wage applies the wages above the minimum wage amount; and

Nevertheless, from February 11, 2016 to December 31, 2019, the Defendant paid wages of less than 574,542 won, compared to the minimum wage standard calculation amount, to E, who worked in the said workplace, from February 11, 2016 to December 31, 2019, and paid wages of less than 12,94,340 won, which is less than the minimum wage amount, as shown in attached Table 1, to December 2019.

3. An employer who violates the Labor Standards Act due to a violation of duty to liquidate money and valuables, shall pay wages, compensations, and other money and valuables within fourteen days from the date on which the cause for such payment occurred, if the worker retires.

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

Nevertheless, the defendant is working in the above workplace from February 11, 2016 to December 31, 2019.

The total amount of 7,648,920 won in arrears (excluding the portion for which extinctive prescription has been completed as of December 31, 2019) specified in the attached Table 2 of the List of Offenses E of retired Workers E, was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

. against the Defendant.

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