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(영문) 서울남부지방법원 2017.06.09 2016고정2054
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative of unlimited partnership D in Geumcheon-gu Seoul Metropolitan Government and is a user who runs taxi transportation business using 120 full-time workers.

1. An employer who violates the minimum wage law shall pay the workers subject to the application of the minimum wage amount above the minimum wage amount;

Nevertheless, the Defendant paid monthly wages from April 1, 2014 to September 3, 2015, each month from April 2014 to August 2015 by paying KRW 20,65,545, which is the aggregate of the monthly minimum wage and the actual wage paid, by paying KRW 5,210,00 below the hourly minimum wage rate in 2014, and KRW 2,690-3,070 below the hourly minimum wage rate in 2015, such as the daily wage rate in the attached crime list, as indicated in the attached crime list.

2. An employer who violates the Labor Standards Act and the Guarantee of Retirement Benefits for Workers due to unpaid wages, shall, in cases where an employee dies or retires, pay the wages, etc. 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 the unpaid wages of 20,65,545 won, retirement allowances of 3,567,758 won, total of 24,545,783 won, which were paid from April 2014 to August 2015, as described in paragraph 1, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.

3. An employer in violation of the Labor Standards Act relating to the failure to provide a labor contract shall, when concluding a labor contract, deliver such worker in writing specifying in writing the constituent elements of wages, calculation method, methods of payment, prescribed working hours, holidays, and other important working conditions;

Nevertheless, on April 1, 2014, the Defendant concluded a labor contract with workers E at the same workplace and did not prepare in writing a labor contract specifying the working conditions such as wages.

4. Violation of the working hours limit;

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