logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.07.13 2017고정45
최저임금법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the user who operates convenience points by using three full-time workers as the representative of the D convenience store located in the 1st floor in the Gyeonggi Yang-si.

1. An employer who violates the minimum wage law shall pay the workers to whom the minimum wage is applied the wages above the minimum wage amount;

Nevertheless, the defendant paid wages to E who worked from December 16, 2015 to June 19, 2016 at the above workplace, and the defendant did not pay wages exceeding the minimum wage of 5,580 won in 2015 and the minimum wage of 6,030 won in 2016.

2. Violation of the Labor Standards Act;

(a) An employer who has not given a contract for work shall, when concluding a contract for work, deliver to the worker a written document specifying the working conditions, such as wages, prescribed working hours, holidays, and annual paid leaves;

Nevertheless, the Defendant concluded a labor contract with E working in the said workplace from December 16, 2015 to June 19, 2016, and with F working in April 2, 2015 to July 1, 2016, and did not deliver a document specifying the working conditions, such as wages and prescribed working hours.

(b) When a worker dies or retires, the employer that has not paid the wages shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the due date.

Nevertheless, the Defendant did not pay KRW 3,410,320 of the total wages of two workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment deadline, as stated in the statement on the details of money in arrears in the attached Form, including the payment of KRW 162,950, which was worked at the above workplace from December 16, 2015 to June 19, 2016.

3. An employer who violates the Guarantee of Retirement Benefits for Workers shall, in cases where a worker retires, pay the retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period.

arrow