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(영문) 대구지방법원 2020.01.15 2019고정1113
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of D in Daegu Suwon-gu B building C, and is an employer who runs book and book retail business using one regular worker.

1. Any employer who violates the Minimum Wage Act shall provide workers subject to the minimum wage with wages exceeding the minimum wage amount determined and announced annually by the Minister of Employment and Labor;

The Defendant paid wages below the minimum wage amount as stated in the attached Form I, such as paying wages to workers E who worked from February 1, 2010 to August 31, 2018, and paying KRW 5,342 per hour below the minimum wage amount in October 2015.

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

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

The Defendant is working at the same workplace from February 1, 2010 to August 31, 2018.

A retired worker E did not pay 15,482,845 won in aggregate, as described in the attached Table II, including 237,405 won, in which the difference between the minimum wage in October 2015 and the minimum wage in October 2015, for 14 days from the date of retirement without agreement between the parties on the extension of the due date.

3. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

The Defendant is working at the same workplace from February 1, 2010 to August 31, 2018.

10,741,940 won of retirement allowance E of retired workers was not paid until 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. The defendant;

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