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(영문) 대구지방법원서부지원 2020.09.15 2019고정436
근로기준법위반등
Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is an employer who operates a reading room in Daegu-gu B and the second floor and employs two full-time workers and operates a service business.

An employer shall pay wages exceeding the minimum wage amount to workers to whom the minimum wage applies.

In addition, if a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.

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

1. From October 6, 2018 to November 9, 2018, the Defendant, while serving in this workplace, was changed in the amount of unpaid wages on November 1, 2018 wage of 1,891,230 won on the fifth day.

B The payment was not made within 14 days from the date of retirement without agreement on extension of the due date.

2. The Defendant, as the representative of the “C Reading Room” in Daegu-gu B and the second floor, is an employer who runs a service business by using two regular workers.

On January 1, 2020, the Defendant violated the Minimum Wage Act, as employed by the Defendant and retired from office until March 9, 2020, paid KRW 3,33.3 won per hour on January 1, 2020 below the hourly minimum wage of 8,590 won, which is the statutory minimum wage of 2020, respectively.

B. On January 1, 2020, the Defendant violated the Labor Standards Act, as employed by the Defendant and served until March 9, 2020, with respect to the retired workers E, the Defendant did not pay KRW 4,235,150 as the total amount of wages including KRW 1,984,875 won on January 1, 2020 equivalent to the difference between the statutory minimum wage and the actual wage paid, and KRW 1,856,025 won on February 20, 2020, and KRW 394,25,150 on March 3, 202, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

b)a summary of the evidence;

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