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(영문) 부산지방법원 동부지원 2017.08.31 2017고정646
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is an employer who employs four full-time workers as the representative of the C convenience store in Busan-gun B apartment 3 Dong, 102, and operates a sales business (convenition store).

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified annually by the Minister of Labor;

Nevertheless, the Defendant paid the amount below the minimum wage amount on the 12th day of each month, which is the date of the regular payment of wages, to D, who had been employed as a store management office from January 1, 2014 to August 8, 2014, and from November 18, 2014 to April 8, 2016.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 4,027,030 won in total, including the wage difference of 1,876,030 won due to payment below the minimum wage, and 2,151,000 won in total, as shown in the attached Form of money and valuables in arrears, to a retired employee D, who worked in a store management position from January 1, 2014 to August 8, 2014, and from November 18, 2014 to April 8, 2016, within 14 days from the date on which the cause for payment occurred without any agreement on the extension of the payment period between the parties.

3. An employer shall, when a worker dies or retires, pay the retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the defendant at the above workplace from January 1, 2014 to August 8, 2014, and from November 8, 2014 to November 8, 2016.

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