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(영문) 대법원 2017.07.11 2015도13909
최저임금법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The summary of the facts charged is that the Defendant is the representative of Ctel management teams, who employs 15 full-time workers and operates real estate management business.

(a) An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly announced each year by the Minister of Labor;

During the period from January 1, 201 to December 31, 2011, the Defendant paid wages of at least 4,320 won at the minimum wage rate, and at least 4,580 won at the minimum wage rate during the period from January 1, 2012 to December 31, 2012, the Defendant paid wages of at least 4,580 won at the minimum wage rate, while he/she paid wages of at least 1,842 won at the hourly rate below the minimum wage rate, from November 1, 2011 to October 31, 2012, during the period from January 1, 201 to December 31, 2011, and paid wages of at least 1,915 won below the minimum wage rate.

(b) When a worker 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;

From November 201, 201 to October 2012, the Defendant did not pay 19,211,520 won in total below the minimum wage amount generated by paying the retired worker D’s wages below the minimum wage amount, for which 14 days have passed from the date of retirement without agreement between the parties to the extension of the payment date.

2. On the grounds delineated below, the lower court determined that there was insufficient proof as to the part that the Defendant, the representative of the officetel management unit of this case, paid the amount of money less than the minimum wage as wages to D, and that there was no reasonable doubt as to the part that the Defendant intentionally did not pay wages.

It is difficult to see

In view of the facts charged of this case, the lower court acquitted all of the charges.

A. The instant facts charged are valid for the instant labor contract concluded by D.

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