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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 the representative of the D management office in the C9th floor in mining life, who is engaged in building management business using five full-time workers.
1. Any employer who violates the Minimum Wage Act shall pay the workers subject to the minimum wage amount (the hourly wage of 4,580 won in 2012, the hourly wage of 4,860 won in 2013, and the hourly wage of 5,210 won in 2014);
Nevertheless, the Defendant is working from August 1, 2012 to August 10, 2013.
On October 11, 2013, from around February 10, 2014 to around February 10, 2014, with respect to workers E who provided their labor at the aforementioned workplace, KRW 3,617 won (wages on August 2012), hourly wage of KRW 4,255 (wages on September - July 201, 2012 and wages on November 201 to January 2014) were paid.
Accordingly, the Defendant paid workers E wages less than the minimum wage amount.
2. Violation of the Labor Standards Act.
A. On August 1, 2012 and October 11, 2013, the Defendant concluded a labor contract with E in the said workplace, the Defendant did not deliver to E a written statement specifying the elements of wages, calculation method, payment method, contractual work hours, holidays, annual paid leave, etc.
B. The Defendant is working from August 1, 2012 to August 10, 2013.
With respect to E workers who were retired after retirement from office from around October 11, 2013 to around February 10, 2014, the amount of wages of 500,000, the amount below the minimum wage amount of 2,034,750, the annual paid leave allowances of 583,200, and the annual paid leave allowances of 3,117,950, was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
3. The Defendant who violated the Guarantee of Workers’ Retirement Benefits Act is working from August 1, 2012 to August 10, 2013.
An agreement on the extension of the payment date between the parties to the case where retirement allowances of 147,870 won is to be paid to E workers who provided their labor from October 11, 2013 to October 10, 2014.