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(영문) 대구지방법원 서부지원 2016.12.09 2016고단377
최저임금법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2016 Highest 377] The Defendant is the representative of the Evalescent Hospital located in Gyeongbuk-gun, who is engaged in medical services while ordinarily employs 60 workers.

Any employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage at least the minimum wage determined and publicly announced annually by the Minister of Employment and Labor.

Nevertheless, the Defendant paid wages of less than 17,785,906 won in total from the minimum wage amount to 17 workers, as stated in the detailed statement on the attached money and valuables in arrears, to F who worked from July 3, 2013 to June 29, 2014 at the above workplace (minimum wage hourly 4,860 won in 2013, 5,210 won in 2014) and paid wages of less than 23,393,059 won in total from the minimum wage amount, as stated in the detailed statement on the attached money and valuables in arrears.

(b) 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;

Nevertheless, the Defendant did not pay KRW 233,393,059 in total, which is below the minimum wage amount of the above F at the above workplace, including KRW 17,785,906, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned, as stated in the detailed statement of the money and valuables in arrears in the attached Form.

[2016 Highest 2013] On July 7, 2015, the Defendant was issued a summary order of KRW 3 million as an offense of violating the Labor Standards Act in the branch court of the Daegu District Court on July 7, 2015 and has three same criminal records.

The defendant is a representative in the name of the Evalescent Group D located in Gyeongbuk-gun, who is engaged in medical services while ordinarily employs 60 workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant is above.

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