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(영문) 부산지방법원 2019.02.18 2019고정82
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who is a representative of Busan Jin-gu B building and Cho Lake, and is engaged in beauty and beauty business with one full-time worker.

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified annually by the Minister of Employment and Labor, and shall pay wages of at least 5,580 won per hour during the minimum wage period from January 1, 2015 to December 31, 2015, at least 6,030 won per hour during the period from January 1, 2016 to December 31, 2016, at least the minimum wage rate of at least 6,470 won per hour during the period from January 1, 2017 to December 31, 2017, at least the minimum wage of at least 6,470 won per hour during the period from January 1, 2017, and at least 7,530 won during the minimum wage period during the period from January 1, 2018 to December 31, 2018, respectively.

Nevertheless, the Defendant is in charge of supporting and cleaning beauty artists from April 4, 2012 to January 26, 2018 at the above workplace.

In paying monthly wages from May 2015 to January 2018, E paid the hourly wage of KRW 4,054 from May 2015 to July 2016 below the minimum wage, KRW 3,716 to December 2016, and KRW 5,464 to the hourly wage of KRW 3,716 to December 2017.

2. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation methods, payment method, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers;

Nevertheless, the Defendant is in charge of supporting and cleaning beauty artists from April 4, 2012 to January 26, 2018 at the above workplace.

Withdrawn did not conclude a labor contract with E, and did not deliver to the worker a document specifying working conditions.

Summary of Evidence

1. Defendant's legal statement;

1. E.

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