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(영문) 춘천지방법원 2018.08.16 2017고단796
최저임금법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual manager of C hospital stores located in Chuncheon-si, who runs retail business using one full-time worker.

1. An employer in violation of the Minimum Wage Act shall annually pay workers subject to the minimum wage rate to pay wages exceeding the minimum wage amount determined and publicly notified by the Minister of Labor each year, and during the period from January 1, 2013 to December 31, 2013, the minimum wage rate of 40 hours per week shall be 1,015,740 won, and during the period from January 1, 2014 to December 31, 2014, the minimum wage rate of 40 hours per week shall be 1,08,890 won, and during the period from January 1, 2015 to December 31, 2015, the minimum wage rate of 40 hours per week shall be 1,16,20 won, and the minimum wage rate of 1,000 won per week from January 1, 2013 to December 31, 2016;

Nevertheless, from February 4, 2003 to March 19, 2016, the Defendant paid 1,000,000 monthly wage during the period of service to D workers retired from office as employees of the above workplace, and paid 23,105,661 won, including the monthly minimum wage of 186,384 won on March 2013, in short of the minimum wage for three years before retirement, as shown in the attached Form.

2. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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 did not pay 23,105,661 won in difference in the minimum wage by paying the above worker D's wages below the minimum wage within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

3. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

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