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(영문) 창원지방법원 2016.02.17 2015고정970
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

[2015 High 970] The Defendant is an employer who is a real representative of the DP room located in Gyeongnam Kim Jong-si C and runs a service business using three full-time workers.

1. An employer in violation of the Minimum Wage Act shall pay workers subject to the application of the minimum wage amount each year wages not less than the minimum wage amount determined and publicly notified by the Minister of Labor, and shall pay the workers subject to the application of the minimum wage amount at least 5,210 won an hourly wage from January 1, 2014 to December 31, 2014;

Nevertheless, the defendant worked from February 7, 2014 to December 24, 2014 at the above workplace and paid E's wages below the minimum wage rate (5,210 won) in the year 2014 to KRW 4,860 to KRW 5,00.

2. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant had worked from February 7, 2014 to December 24, 2014 at the said workplace and retired from the said workplace, and had not paid KRW 648,475 in total within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, including the amount of KRW 448,060 on December 2, 2014, the minimum wage rate of the said period of employment, and KRW 200,415 in total.

[2015 High 1171] The Defendant is an employer who is a real representative of the DP room located in Gyeongnam Kim Jong-si C and runs a service business using three full-time workers.

1. An employer in violation of 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, 2014 to December 31, 2014, and at least 5,210 won per hour during the period from January 1, 2015 to December 31, 2015.

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