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(영문) 대구지방법원 2017.04.14 2017고정85
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is an operator of Daegu-si, a user who runs the wholesale and retail business using nine full-time workers in the Dong-gu, Dong-si.

1. When a worker dies or retires, the employer who violates the Labor Standards Act and the Guarantee of Retirement Benefits of the worker shall pay the worker wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred;

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, while working from March 13, 2015 to July 11, 2016, did not pay 7,389,863 won, including the total amount of 449,040 won, retirement allowance 1,807,064 won, etc. of retired workers D, within 14 days from the time when the cause for payment occurred without an agreement between the parties to the extension of the payment deadline, as shown in the annexed crime list.

2. An employer in violation of the Minimum Wage Act shall annually pay workers subject to the minimum wage amount to whom the Minister of Labor determines the number of wages and the minimum amount of wages publicly notified each year, and shall pay wages of at least 6,030 won per hour from January 1, 2016 to December 31, 2016;

Nevertheless, the Defendant paid workers D who worked from March 13, 2015 to July 11, 2016 at the said workplace and E’s wages that were worked from March 13, 2015 to April 30, 2016 as an hourly wage of 5,700 won and paid below the minimum hourly wage.

3. An employer in violation of the Labor Standards Act shall clearly state the matters concerning wages, prescribed working hours, holidays referred to in Article 55, etc. when concluding a labor contract, and shall deliver the workers in writing specifying the items constituting wages, the calculation method and payment method thereof, the prescribed working hours, the holidays referred to in Article 55, etc.;

Nevertheless, the Defendant worked from March 13, 2015 to July 11, 2016 and retired workers D, and from March 13, 2015, from March 13, 2015 to April 2016.

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