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(영문) 인천지방법원 2018.07.19 2018고정497
최저임금법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is the representative of the C Merchant Association in Bupyeong-gu Incheon Metropolitan City, who manages commercial buildings using six full-time workers.

1. An employer in violation of the Minimum Wage Act shall pay the workers subject to the minimum wage at least the minimum wage determined and publicly notified annually by the Minister of Labor. From January 1, 2015 to December 31, 2015, the wage of at least 5,580 won per hourly minimum wage, and from January 1, 2016 to December 31, 2016, shall be paid at least 6,030 won per hourly minimum wage.

Nevertheless, the Defendant provided labor to the said workplace from May 1, 2015 to April 30, 2016, and paid only 1,000,000 won per month to the retired workers D, and as indicated in the column for “amount below the minimum wage” in the daily wage table in the attached crime list, the wages of which amount is less than 16,120 won per month from May 1, 2015 to December 31, 2015, and the monthly minimum wage amount is less than 16,120 won from January 1, 2016 to April 30, 2016, respectively.

Accordingly, the Defendant paid the above D wages with a total of KRW 2,370,840,00 compared to the minimum wage during the working period.

2. Violation of the Labor Standards Act;

(a) Where an employee dies or retires, an employer unpaid such as wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant provided labor to retired workers D from May 1, 2015 to April 30, 2016 at the said workplace and did not pay the total of KRW 17,471,240,00,000,000,000 for paid leave allowances for the said period of work and annual paid leave allowances, as indicated in the column for the “total amount of wages in arrears” in the attached crime list to attached crimes list, to the retired workers D, within 14 days from the date of retirement, without agreement between the parties on the extension of payment period.

(b)an employer who has not paid advance payment for dismissal must give notice of dismissal at least 30 days prior to the dismissal of the employee;

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