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(영문) 대전지방법원 천안지원 2018.08.10 2018고정217
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of Nam-gu building B and C on the first floor in the Nam-gu, Chungcheongnam-gu, and the user who ordinarily employs two workers and operates the service business ( beauty and beauty business).

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Labor, and shall pay wages of at least 6,030 won at the minimum wage rate and at least the minimum wage rate of at least 6,030 won during the period from January 1, 2016 to December 31, 2016, and shall pay wages of at least 6,470 won per hour during the period from January 1, 2017 to December 31, 2017;

Nevertheless, on July 25, 2016, the Defendant paid 4,383 won an hourly wage below the minimum wage amount to D, who retired workers who were employed in the above workplace and provided beauty art assistance services, from July 25, 2016 to March 22, 2017.

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

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

Nevertheless, the defendant paid D's monthly wage below the minimum wage on August 2016 as stated in the above 1. paragraph, and thus, he did not pay 689,670 won in total and 4,879,825 won in the difference below the minimum wage amount, such as the list of crimes in the attached Table, within 14 days from the date of retirement without an agreement between the parties on the extension of payment date.

3. An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall state the items constituting the wages, the method and methods of calculating the wages, the prescribed working hours, the holidays under Article 55, and the annual paid leaves under Article 60.

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