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(영문) 대전지방법원 서산지원 2017.11.30 2017고정71
근로기준법위반등
Text

1. The sentence against the accused shall be 2,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, as a representative of EM in Seosan City D, was an employer who runs food sales business by employing four full-time workers.

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Labor, and shall pay wages of at least 5,580 won per hour during the minimum wage from January 1, 2015 to December 31, 2015, and at least the minimum wage of at least 6,030 won per hour during the period from January 1, 2016 to December 31, 2016;

Nevertheless, the Defendant paid the minimum wage amount to F, who worked from February 3, 2013 to March 13, 2016, under the aggregate of KRW 121,015,01,00,000,000,000,000 from February 3, 2013 to March 13, 2016.

2. When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days after the cause for such payment occurred, and the payment date may be extended by an agreement between the parties concerned in extenuating circumstances;

Nevertheless, the Defendant did not pay KRW 14,097,295 within 14 days from the date of retirement without an agreement between the parties concerned, in total of KRW 12,675,45, and annual unused allowances from 2013 to 2015, including annual unused allowances of KRW 1,421,840.

3. Where a worker dies or retires, the employer shall pay the retirement allowance within 14 days after the ground for payment occurred, and where special circumstances exist, the period of payment may be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 4,766,890 of F retirement pay from February 3, 2013 to March 13, 2016 within 14 days from the date of retirement without an agreement between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The defense counsel and the defendant's assertion of fact confirmation, retirement allowance calculation statement, labor contract, commuting card, account transaction details.

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