logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2020.01.10 2019고정196
근로기준법위반등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual manager of the C convenience store in the following City B, who runs the convenience store business using five regular workers.

An employer shall pay wages exceeding the minimum wage amount determined and publicly announced by the Minister of Employment and Labor each year to workers subject to the minimum wage, and shall pay wages of at least 6,470 won per hour during the minimum wage from January 1, 2017 to December 31 of the same year, and the minimum wage of at least 7,530 won per hour during the period from January 1, 2017 to December 31 of the same year.

Nevertheless, the defendant is employed as a sales center on April 2, 2017 in the above workplace.

From April 2017 to September 2018, 6,030 won was paid to retired D when the wage was paid to D and below the minimum wage amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 28 (1) and Article 6 (1) of the Minimum Wage Act, the option of fines for criminal facts, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The Defendant is an actual manager of convenience stores C in the following cases: (a) the Defendant is an employer who runs convenience store business using five regular workers.

When a worker dies or retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the defendant is employed as a sales center on April 2, 2017 in the above workplace.

Withdrawn’s wages from April 2017 to September 2018 were paid below the minimum wage, and thus, 1,010,210 won was not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. Determination:

arrow