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(영문) 서울남부지방법원 2020.10.14 2020고단4227
근로기준법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director C in the second floor of the building B in Yeongdeungpo-gu Seoul Metropolitan Government, who is a user who runs the wedding business using 30 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, at the above workplace from December 20, 2016 to June 24, 2017, did not pay the total of KRW 4,370,783, including the total of KRW 748,275, including the total of KRW 71,264, and the total of KRW 677,01,00,000,000,000,000,000 from the date of retirement, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The employer who violates the Minimum Wage Act shall not provide the workers subject to the minimum wage with wages less than the minimum wage amount;

Nevertheless, the Defendant, who worked in the foregoing workplace from January 2, 2014 to October 5, 2017, calculated and paid the wages to be paid as KRW 4,981 on June 6, 2015 for retired workers E, KRW 5,364 on a hourly basis, KRW 5,939 on an hourly basis from July 2, 2015 to September 2015, and KRW 5,939 on an hourly basis from January 1, 2016 to December 2, 2016, and KRW 6,130 on a hourly basis.

Accordingly, the defendant paid wages below the minimum wage amount to E.

Summary of Evidence

1. The defendant's statement in the police station of F, D, and E;

1. Each police statement concerning G;

1. Calculation details of wage ledgers and excess allowances of employment;

1. Application of Acts and subordinate statutes to the investigation report (revision of unpaid amounts) to the prosecutor's office, which is into the ledger for the payment of the first half-year annual allowance, the report on receipt of data, and the list of leave before childbirth;

1. Article 109(1) and Article 36 of the Labor Standards Act and the Minimum Wage Act regarding criminal facts as well as the choice of punishment.

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