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(영문) 춘천지방법원 강릉지원 2017.10.26 2017고정179
근로기준법위반등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the D convenience store located in Gangnam-si C, and is engaged in the convenience store business by using one full-time worker.

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, from February 13, 2017 to April 7, 2017, the Defendant served at the above convenience store and paid the retired employee E’s wages on February 2, 2017, and paid 4,500 won below the minimum wage amount (e.g., Si wage 6,470 won). From March 13, 2017 to April 2017, the Defendant paid 5,000 won below the minimum wage amount (e.g., Si wage 6,470 won).

2. Violation of the Labor Standards Act;

(a) If a worker dies or retires, the employer who has violated the duty to liquidate money or valuables shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

However, if there are special circumstances, the date may be extended by mutual agreement between the parties, but the defendant was employed at the above convenience store from February 13, 2017 to April 7, 2017 and did not pay KRW 1,147,30 of the unpaid wages of retired workers E within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

(b) An employer who has not given a written labor contract shall, when entering into a labor contract, deliver to the employee a written statement specifying the constituent items, calculation method, payment method, working hours, holidays, and annual paid leaves.

Nevertheless, on February 13, 2017, the Defendant concluded a labor contract with a worker E with the above company around February 13, 2017, and did not deliver a written labor contract stating the above matters to E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the E police statement;

1. Benefit bags by prime grade;

1. Application of statutes on details of transfer of benefit account;

1. Relevant Articles of the Act and Articles 28 and 6 of the Minimum Wage Act concerning facts constituting an offense;

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