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(영문) 대구지방법원 서부지원 2013.05.31 2013고정227
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who has been transferred C from the above D on February 2010 and has been operated until now, while serving as the head of the operating office of a non-profit non-profit non-profit private organization in Daegu-gu, Seoul for the purpose of social service business.

C entered into a contract for the provision of human resources for nursing services with E Hospital, which is a linked company for a social job business around 2008, and from around 2008 to November 30, 2010, C had employees belonging to C take charge of nursing services for patients as nursing workers at the above E Hospital.

1. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage at least the minimum wage amount (including hourly 4,110 won on January 1, 201 and December 31, 201, and hourly 4,320 won on January 1, 201 and December 31, 201).

Nevertheless, the Defendant worked in the above E Hospital from February 16, 2009 to November 30, 2010, and thereafter paid the employee F who retired from office at that time, with the wage of 11,379,663 won, which is less than the minimum wage amount, as shown in the [Ⅳ] No. 3 of the crime sight table during the period of service.

The Defendant, including this, paid 8,829,322 won, including the minimum wage amount, to 8 workers F, etc. as stated in the attached list of crimes (Ⅳ).

2. Where an employer violates the Guarantee of Workers' Retirement Benefits Act and the Labor Standards Act due to failure to liquidate the money and other valuables in arrears retires, the employer shall pay the wages, retirement allowances, and all other money and other valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant had worked from May 15, 2009 to August 22, 2010, and had retired workers G around that time paid 12,834,855 won in difference in the minimum wage, annual leave allowances of 493,200 won in difference in retirement allowances, and retirement allowances of 1,513,151 won in 14 days from the date of retirement without an agreement on extension of the payment date between the parties concerned.

The defendant, including this, is listed in the annexed list of crimes (V).

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