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(영문) 인천지방법원 2015.08.13 2015고정1918
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a user who operates an electronic game room using one regular worker as the representative of the Seo-gu Incheon CPC bank located in Seo-gu, Incheon.

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified by the Minister of Employment and Labor each year (or the 4,860 won at a time of 2013, the 5,210 won at a time of 2014, and the 5,580 won at a time of 2015);

Nevertheless, the Defendant paid wages to retired workers D during the said workplace from September 7, 2013 to January 10, 2015, while paying wages from November 1, 2013 to March 1, 2014; from June 10, 2014 to January 10, 2015; and paid wages below the minimum wage amount, from November 1, 2013 to February 28, 2014, the Defendant paid hourly 4,383 won; from June 10, 2014 to October 9, 2014; and paid hourly 4,509 won; and from October 10, 2014 to October 10, 2015.

2. The Defendant, as described in the foregoing paragraph 1, paid less than the minimum wage amount to workers D, and paid the total of KRW 1,993,402 as indicated in the attached Form, including KRW 126,780, Nov. 1, 2013, did not pay the wages within 14 days from the date of retirement, without any agreement between the parties regarding the extension of the payment date.

3. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the constituent elements, calculation methods, payment method, contractual work hours, and matters pertaining to holidays referred to in Article 55 to workers;

Nevertheless, when concluding a labor contract with D on September 7, 2013, the Defendant did not deliver a document stating matters concerning the constituent items, calculation method, payment method, contractual work hours, and holidays under Article 55.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of replacement (including attached documents) prepared by the labor inspector with respect to the defendant and D.

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