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(영문) 전주지방법원 군산지원 2020.01.31 2019고정275
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the employer who has employed one full-time worker as the representative of the B Apartment Management Office in Busan Metropolitan City and has operated the comprehensive management business of buildings, etc.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there exist any special circumstances;

Nevertheless, the defendant is employed as security guards after entering the above workplace on March 8, 2017.

On July 6, 2019, an employee C who retired on March 2017 was not paid KRW 242,240 as well as KRW 24,301,318, as shown in the attached Table “crime List”, within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

2. An employer shall pay workers to whom the minimum wage is applied the wages exceeding the minimum wage determined and publicly announced by the Minister of Employment and Labor each year, and shall pay the minimum wage of at least 6,470 won per hour from January 1, 2017 to December 31 of the same year, the amount of at least 7,530 won per hour from January 1, 2018 to December 31 of the same year, and the amount of at least 8,350 won per hour from January 1, 2019 to December 31 of the same year.

Nevertheless, the defendant is employed as security guards after entering the above workplace on March 8, 2017.

On July 6, 2019, when paying monthly wages to retired workers C in 2017, KRW 4,001 per hour below the minimum wage amount, KRW 3,950 per hour below the minimum wage amount when paying monthly wages in 2018, and KRW 4,021 per hour when paying monthly wages in 2019 below the minimum wage amount.

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, unless there exist any special circumstances.

Nevertheless, the defendant is a security guard who entered the above workplace on March 8, 2017.

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