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Reasons
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(영문) 춘천지방법원 영월지원 2018.02.20 2017고정131
최저임금법위반등
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is an operator of the PC room in the Gangwon-gu Group B and the second floor, who manages the PC room by using two full-time workers.

1. An employer who violates the minimum wage law shall pay an employee to whom the minimum wage is applied at least the minimum wage, and the minimum wage from January 1, 2016 to December 31, 2016 shall be 6,030 won per hour.

Nevertheless, from January 18, 2016 to May 27, 2016, the Defendant paid the wages below the minimum wage amount by paying the wages of KRW 3,746 per hour on January 1, 2016, KRW 4,014 per hour on February 2016, KRW 4,147 per hour on March 2016, and KRW 4,171 per hour on April 2016, and KRW 4,171 per hour on May 2016.

2. Violation of the Labor Standards Act;

(a) If a worker dies or retires, the employer in arrear of wages shall pay him/her wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 3,172,363 of the wages of KRW 853,239, Jan. 18, 2016 to May 27, 2016 as wages of KRW 753,230, Feb. 2, 2016; KRW 680,870, Mar. 3, 2016; KRW 680,870, Apr. 2016; and KRW 3,172,363, etc. of wages of KRW 204,163, May 2016, as wages of KRW 204,363, etc. within 14 days from the date of retirement.

(b) An employer shall, when concluding a labor contract, specify the matters such as wages, prescribed working hours, holidays, paid leave, etc. to the worker, and deliver to the worker a written document specifying the composition items, method and method of calculating the wages, and the above matters.

Nevertheless, the Defendant entered into a labor contract with D workers who worked in the PC from January 18, 2016 to May 27, 2016, and did not specify the prescribed working hours, paid leave, etc. to D, and did not issue a document specifying the method of calculating and paying wages.

Summary of Evidence

1. Prosecutions against the Defendant.

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