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(영문) 의정부지방법원 2017.10.26 2017고정132
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 Dong located in Sipocheon-si, who is a full-time employee of three to four full-time workers and operates a half-time manufacturing company.

1. An employer who violates the minimum wage law shall pay workers subject to the application of the minimum wage amount to the minimum wage amount above the minimum wage amount, and shall pay 4,860 won per hour for 2013, 5,210 won per hour for 2014, 5,580 won per hour for 2015, and 6,030 won per hour for 2016;

Nevertheless, the Defendant paid wages below the minimum wage by paying KRW 3,92 as an hourly rate in 2013, KRW 4,116 as an hourly rate in 2014, KRW 4,408 as an hourly rate in 2015, and KRW 4,601 as an hourly rate in 2015, to E who worked in the said workplace from October 7, 2008 to April 23, 2016.

2. Violation of the Labor Standards Act;

(a) An employer shall, when concluding an employment contract, specify in writing the constituent elements of wages, calculation method, payment method, prescribed working hours, holidays and annual paid leaves to the worker;

Nevertheless, the Defendant entered into a labor contract with E with the said workplace from October 7, 2008 to April 23, 2016, and did not specify in writing the aforementioned constituent elements of wages.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not pay KRW 11,704,953 in total within 14 days from the date of retirement, even though there was no agreement on the extension of the payment date between the parties, as stated in the detailed statement of arrears, including the failure to pay the minimum amount of wages, as set forth in paragraph 1, to E, who worked at the above workplace from October 7, 2008 to April 23, 2016, the amount of wages of KRW 214,350 in April 201.

3. An employer who violates the Guarantee of Retirement Benefits of Workers;

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