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(영문) 대전지방법원 서산지원 2021.01.11 2020고정186
최저임금법위반등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. An employer who violates the minimum wage law shall pay the workers subject to the application of the minimum wage amount above the minimum wage amount;

Nevertheless, in paying wages to B who worked at the above workplace, the facts charged of the facts charged of KRW 1,30,00 per month below the minimum wage rate of KRW 6,470 at around 2017 (amounting to approximately KRW 6,300 per day) shall be calculated and stated in accordance with the Si wage rate of KRW 5,000 in 206 on the premise that the monthly work hours of KRW 256 [* (eight hours per day x 16 hours per day) per week x 30 hours per day)] are applicable, and the Si wage of KRW 5,00 in 200 in 2017 and approximately KRW 5,400 in 200 in 2018 to 2020. As seen below, as long as the monthly work hours of KRW 6,470 in B are recognized as equal to the monthly work hours of KRW 34,204.

B, around 2018, the monthly wage of KRW 1,400,00 ($6,800 in the Si wage) below the minimum wage rate of KRW 7,530 in the light of the year 2018, KRW 1,400,00 in the month below the minimum wage rate of KRW 8,350 in the year 2019, KRW 1,400 in the month below the minimum wage rate of KRW 8,590 in the month 2020, and KRW 1,400 in the month below the minimum wage rate of KRW 8,590 in the year 2020.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless the date is extended by the agreement between the parties concerned; and

Nevertheless, the Defendant did not pay KRW 14,382,585 of retirement allowances B, which he retired from the said workplace from January 25, 2010 to March 11, 2020, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

3. Violation of the Labor Standards Act;

(a) If an employee in arrear of wages dies or retires, the employer shall pay his/her wages, compensations, and all other money and valuables within 14 days from the time the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned;

Nevertheless, the Defendant worked in the workplace from January 25, 2010 to March 11, 2020.

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