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(영문) 인천지방법원 2020.05.13 2020고정680
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative of C in Incheon Jung-gu, and is an employer who runs food business with two regular workers.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the ground for such payment occurred, and may extend the due date by mutual agreement between the parties concerned in exceptional circumstances.

Nevertheless, the Defendant had worked from May 1, 2018 to June 4, 2019 at the above workplace and had retired D’s paid KRW 269,472 on May 1, 2018 as well as KRW 3,183,824 in total, as described in attached Table 1, did not enter into an agreement on the extension of the payment date between the parties, within 14 days after the cause for the payment occurred.

(b) An employer violating the Minimum Wage Act shall pay workers subject to the minimum wage amount annually wages exceeding the minimum wage amount determined and publicly notified by the Minister of Employment and Labor, and shall pay wages exceeding 8,350 won per hour during the minimum wage period from January 1, 2019 to December 31, 2019.

Nevertheless, the Defendant paid D wages of at least 83,500 won a day from May 1, 2018 to June 4, 2019 as sales workers, while paying wages of at least 10 hours a day from January 2019 to June 4, 2019, the Defendant paid less than the minimum wage for each month, such as attached Table 2.

(c) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant at the foregoing workplace from May 1, 2018 to June 4, 2019.

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