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(영문) 의정부지방법원 2018.01.18 2017고정1469
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the E parking lot in Dong-si, Gyeonggi-do, and is a user who operates a parking lot with one regular worker.

1. An employer in violation of the Minimum Wage Act shall pay the workers subject to the minimum wage amount not less than the minimum wage amount determined and announced annually by the Minister of Labor;

Nevertheless, from March 17, 2014 to July 23, 2016, the Defendant paid KRW 5,210 as of the base date of 2014 publicly notified by the Minister of Labor to the worker F retired while working in the above workplace, and paid KRW 3,529 to the worker F, who was retired, KRW 5,580 as of the base date of 2014, KRW 5,580 as of the base date of 2015, KRW 6,030 as of the base date of 2016.

2. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, and other money or valuables within fourteen 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 paid wages below the minimum wage amount to the above worker F working at the above workplace and did not pay 345,605 won in monthly difference on March 2014, and did not pay 24,509,750 won in total as stated in the list of crimes in the attached Form, as well as 14 days from each retirement day, which is the date of occurrence of the cause for payment, without agreement on the extension of the payment period between the parties concerned.

3. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the defendant 5,422,675 won of the F's retirement allowance of the above worker employed in the above workplace is fourteen days from the date of retirement, which is the date of occurrence of the reasons for payment, without agreement between the parties on the extension of the payment period.

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