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(영문) 대구지방법원 2016.12.14 2015고정2406
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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 a actual representative of D in Daegu Dong-gu, and is a user who runs the business of manufacturing and selling kimchi by using seven full-time workers.

1. An employer who violates the Minimum Wage Act shall pay the minimum wage of at least 4,580 won per hour for the year 2012 to a worker subject to the minimum wage, 4,860 won per hour for the year 2013, and 5,210 won per hour for the year 2014;

Nevertheless, the Defendant paid wages below the minimum wage amount to 22 workers, such as paying wages on January 2012 to E who worked at the same workplace and paying an hourly amount of 3,846 won below the minimum wage amount, as indicated in the attached crime list (1).

2. Violation of the Labor Standards Act.

(a) When a worker dies or retires, an employer unpaid wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the above workplace from March 21, 2012 to August 1, 2012, did not pay KRW 2,03,068, including KRW 913,200, overtime allowances, and KRW 24,030, which were retired from the Defendant, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date between the parties concerned, as stated in the table of crimes in attached Table 4, 5, 8, 10, 14, and 15.

(b) An employer who fails to prepare a labor contract shall prepare a written document specifying working conditions, such as wages, contractual work hours, holidays, annual paid leave, etc., and deliver it to the workers;

Nevertheless, on March 27, 2014, the Defendant entered into a labor contract with G, a delivery engineer at the above workplace and entered into a labor contract with G.

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