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(영문) 서울서부지방법원 2017.06.27 2016고단3810
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a user who runs a construction business using 125 full-time workers as a representative director of Mapo-gu Seoul Metropolitan Government D building and E (ju) located on seven floors.

1. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Labor, and shall pay each wage of at least 5,580 won per hour during the period from January 1, 2015 to December 31, 2015, and at least the minimum wage per hour during the period from January 1, 2015 to December 31, 2015, and at least 6,030 won per hour during the period from January 1, 2016 to December 31, 2016;

Nevertheless, the Defendant paid 5,304,448 won to 11 employees, as in the list of crimes in attached Form (1), in the event that the Defendant paid wages to F who worked and retired from the said workplace from around August 11, 2014 to around November 30, 2015, each of KRW 135,93 from around May 2011 to August 2015, and paid 5,304,448 won to 11 employees as in the list of crimes in attached Form (1).

2. An employer who violates the Labor Standards Act due to failure to pay money or valuables shall, if the worker dies or retires, pay all money or valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 1,658,511, such as wages, etc. to G retired from the said workplace from September 10, 2008 to August 24, 2015, and did not pay KRW 77,138,224 in total, including wages, etc. for 54 workers, as in the attached crime list (2) as in the attached crime list (2).

3. An employer who violates the Guarantee of Retirement Benefits of a worker shall, where the worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant was working in the workplace from September 10, 208 to August 24, 2015.

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