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Reasons
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(영문) 춘천지방법원 2016.05.03 2016고정2
최저임금법위반등
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a business operator who operates the above convenience store using three full-time workers under the trade name of "C convenience store" in Gangwon-do.

1. An employer shall clearly state the terms and conditions of employment, such as wages, prescribed working hours, holidays, annual paid leaves, etc., in concluding a labor contract, and in such cases, he/she shall deliver them by specifying in writing matters concerning the composition of wages, the calculation method and payment method of wages, small working hours, holidays, and paid leaves;

Nevertheless, on March 3, 2014, the Defendant concluded a labor contract with D and did not specify the above working conditions, and did not deliver them in writing.

2. An employer shall pay workers to whom the minimum wage applies wages in excess of the minimum wage amount;

Nevertheless, from March 3, 2014 to September 30, 2014, the Defendant, while working at the above convenience store, set the amount of KRW 5,210 to the retired worker D at a lower price than the minimum wage of KRW 4,500, and paid KRW 824,250 to the monthly wage of April 15, 2014, etc. from that time to August 14, 2014, the Defendant did not pay KRW 624,800 in total of the minimum wage difference as indicated in the list of crimes in the attached Table.

3. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 384,470 on March 3, 2014 of workers D, and did not pay KRW 5,081,250 in total, as stated in the list of crimes in the attached Table, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement made by the prosecution with regard to D;

1. Collection and reporting of each data, and the application of Acts and subordinate statutes on financial data;

1. Article 114 of the Labor Standards Act for Criminal Facts

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