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(영문) 춘천지방법원 영월지원 2016.04.22 2016고정24
최저임금법위반등
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 operator of “C” on the 2nd floor of the fleet C.

1. An employer who violates the minimum wage law shall pay an employee to whom the minimum wage is applied at least the minimum wage, and the minimum wage amount shall be 5,210 won per hour from January 1, 2014 to December 31, 2014, and 5,580 won per hour from January 1, 2015 to December 31, 2015.

Nevertheless, from February 25, 2015 to March 28, 2015, the Defendant paid wages of KRW 3,815 per hour below the minimum wage amount to workers D who worked in the above PC from February 25, 2015 to March 28, 2015, and paid wages of KRW 3,815 to four workers below the minimum wage amount.

2. Violation of the Labor Standards Act;

(a) If a worker dies or retires, the employer in arrear of wages shall pay him/her wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from February 25, 2015 to March 28, 2015, the Defendant did not pay 869,500 won in total to four workers who worked in the said PC, including the total amount of wage of KRW 601,64 on February 2, 2015, and KRW 267,840 on March 2015, and KRW 869,504 on March 2, 2015.

(b) When concluding a labor contract, the employer involved in the working conditions shall specify the matters such as wages, prescribed working hours, holidays, paid leave, etc. to the worker and deliver to the worker a written statement specifying the constituent items, calculation method, payment method, and above matters of the wages.

Nevertheless, the Defendant entered into a labor contract with E working from July 2, 2014 in the above PC room, F working from August 1, 2014, G working from October 3, 2014, and D working from February 25, 2015, respectively, with the above workers as wages, prescribed working hours, holidays, paid leaves, etc.

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