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(영문) 대전지방법원 천안지원 2018.04.10 2018고정68
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 of the D Co., Ltd. located in Ansan-si Seoul, who is an employer who conducts service business using ten full-time workers.

1. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage to pay the minimum wage above the minimum wage, and 6,470 won per hour during the period from January 1, 2016 to December 31, 2016, and 6,470 won per hour during the period from January 1, 2017 to December 31, 2017, is the minimum wage under the Minimum Wage Act.

Nevertheless, the Defendant paid KRW 4,372 per hour to E and F, who worked as a worker from December 15, 2016 to February 28, 2017, below the minimum wage amount during the service period.

2. An employer who violates the Labor Standards Act due to non-payment of wages shall pay wages, compensations, and all other money or valuables within 14 days from the date on which the cause for such payment occurred if the employee retires.

Provided, That in special circumstances, the payment deadline may be extended by an agreement between the parties.

Nevertheless, the Defendant did not pay the amount of KRW 675,704 in January 2017, wages of KRW 1,261,650 in total, KRW 1,937,354 (individual) within 14 days from the date of retirement without agreement on the extension of payment period between the parties, respectively, in the building in Nam-gu, Nam-gu, Dong-gu, Dong-gu, Seoul, and the amount of KRW 1,937,354 (individual) in February 2017.

3. An employer who violates the Labor Standards and Labor Standards Act due to failure to provide a written statement on working conditions shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, matters concerning the composition items, calculation method, payment method, prescribed working hours, holidays and annual paid leave shall be specified in writing and delivered to workers.

Nevertheless, on December 15, 2016, the Defendant contracts with workers E, F, and labor at the above workplace.

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