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(영문) 대구지방법원 2017.07.13 2016고단3652
최저임금법위반등
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant 2016 Highest 3652 is the representative of D in Busan Metropolitan City, who employs five full-time workers and operates the cargo transport service business.

1. An employer in violation of the Minimum Wage Act shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified by the Minister of Labor each year, and shall pay wages at least the hourly minimum wage of 5,580 won from January 1, 2013 to December 31, 2013, the hourly minimum wage of 4,860 won, and the hourly minimum wage of 5,00 won from January 1, 2014 to December 31, 2014.

Nevertheless, the Defendant paid an hourly wage of KRW 4,661 from February 18, 2013 to July 7, 2015 to E, who retired workers E as cargo drivers, with the wage payment from February 18, 2013 to January 17, 2014, and paid KRW 5,209 per annum below the minimum wage amount while paying wages from January 18, 2014 to June 18, 2015.

2. Violation of the Labor Standards Act;

(a) When a worker dies or retires, the employer shall pay him/her wages, compensations for accidents, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 4,967,328 won (the remaining wages of KRW 1,266,660 on July 7, 2015) of E’s total wages of KRW 4,967,328 (the remaining wages of KRW 3,700,668, which were 1,266,660 on the date of payment between the parties, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

(b) An employer shall allow not less than 30 minutes in case of working hours of not less than four hours, and a recess of not less than one hour in case of working hours of not less than eight hours;

Nevertheless, the Defendant is a cargo driver from February 18, 2013 to July 7, 2015.

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