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(영문) 수원지방법원 안양지원 2018.10.25 2017고정911
최저임금법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On January 15, 2016, the Defendant was sentenced to a suspended sentence of three years on April 11, 2018, in the support for the development of the Suwon method, etc., for fraud, etc., and the said judgment became final and conclusive on April 11, 2018.

[2] The Defendant, as a representative of the C medical care center located in the Gu in the Gyeonggi-do, is an employer who employs 14 full-time workers as a manager of the C medical care center located in the Gu in the Gyeonggi-do, and is engaged in the business of the care center for older persons by employing 14 full-time workers.

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, the Defendant: (a) retired from the workplace of the said C medical care center from February 19, 2012 to January 15, 2015; and (b) paid 4,593.3 won below the minimum wage rate of KRW 4,860 from February 19, 2013 to March 2, 2015; and (c) retired from F from office from office from January 26, 2015 to May 22, 2016; and (d) paid 5,580 won below the minimum wage rate of KRW 5,537 to workers subject to each minimum wage rate respectively.

2. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant stated in the indictment of KRW 8,914,565 as “9,314,205 won” in the indictment of KRW 8,914,565, where he/she retired from the said C medical care center’s workplace from office from December 19, 2012 to January 15, 2015. However, according to the evidence submitted, the Defendant is recognized as KRW 8,914,565.

B, from April 10, 2014 to May 22, 2016, wages due to the deduction of paid hours to F who retired from office.

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