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(영문) 의정부지방법원 2014.01.09 2013고정2057
근로기준법위반등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is the E representative in the building of Speaker-si, who is an employer who operates a medical care institution with 26 regular 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.

Therefore, during the period from January 1, 2010 to December 31, 2010, an employer shall pay wages of at least 4,580 won per hourly minimum wage during the period from January 1, 201, from January 1, 201 to December 31, 201, and from January 1, 201 to December 31, 201, for the minimum wage rate of at least 4,320 won per hour during the period from January 1, 201 to December 31, 2012.

Nevertheless, the Defendant, at the above workplace from October 24, 2010 to February 28, 2012, served with retired workers F as stated in attached Form No. 1, and served with those retired workers F during the period from July 4, 2011 to February 1, 2012, paid monthly wages below the minimum wage amount in the relevant year while paying monthly wages to G as listed in attached Form No. 1. 2.

B. The Defendant violated the Labor Standards Act by paying monthly wages to workers F and G below the minimum wage as stated in the preceding paragraph, and did not pay 4,783,328 won in total, including 4,233,628 won in total and 549,600 annual paid leave allowances during the period of work, and 6,467,941 won in total, including 1,684,713 won in total during the period of work, and 1,684,713 won in total, and 6,467,941 won in total, during the period of work, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment

2. Determination

A. In principle, an employer who pays wages to the above workers shall determine the basic wages for the workers in a contract of employment and shall pay them in addition to all allowances, such as overtime hours, holidays, night work allowances, etc. on the basis of such determination. However, working hours, etc.

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