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(영문) 인천지방법원 2020.08.14 2020고정1076
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the actual manager of the C convenience store located in Namdong-gu Incheon Metropolitan City, who runs the convenience store using three regular workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant worked in the above workplace from May 21, 2019 to July 26, 2019, and did not pay KRW 896,50,00 in total, including weekly paid leave allowances and minimum wage amounting to KRW 13,600, June 334, 200, July 13, 200, and minimum wage amounting to KRW 26,350, June 26, 2019, May 19, June 19, June 194, 650, July 141, 141,50, without an agreement between the parties on the extension of the payment date.

2. 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 Employment and Labor, and shall pay wages at least 8,350 won per hour during the period from May 21, 2019 to July 26, 2019;

Nevertheless, the Defendant paid the wages below the minimum wage amount for each month by paying the minimum wage of KRW 7,350 below the minimum wage even though he/she paid the minimum wage of KRW 7,50 to D who worked for convenience stores from May 21, 2019 to July 26, 2019, while paying the minimum wage of KRW 7,350 below the minimum wage amount to D who worked for convenience stores from January 2019 to July 2019.

Summary of Evidence

1. Application of Acts and subordinate statutes to the written petition of the defendant's legal statement D;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 28(1) and 6 of the Minimum Wage Act (which violates the obligation to liquidate money and goods), and Articles 28(1) and 6 of the same Act.

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