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(영문) 수원지방법원 안양지원 2021.02.17 2019고정404
최저임금법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a C representative in the Gu B and the second floor during Ansan-si and is a user who runs a general food business using two full-time workers.

1. An employer in violation of the minimum wage law shall pay the workers to whom the minimum wage is applied at least the minimum wage amount determined and publicly announced by the Minister of Labor each year, and shall pay wages of at least 6,470 won at the minimum wage rate from January 1, 2017 to December 31, 2017, and shall pay wages of at least 7,530 won at the minimum wage rate from January 1, 2018 to December 31, 2018;

Nevertheless, the Defendant paid D wages from March 1, 2017 to July 16, 2018, from October 1, 2017 to December 31, 2017, and paid wages of KRW 3,425 to KRW 4,448 below the minimum wage, and paid wages of KRW 4,124 to KRW 5,019 below the minimum wage while paying wages from January 1, 2018 to July 16, 2018.

2. Violation of the Labor Standards Act;

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

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 7,73,790 won in total, including 7,354,780 won in total and 128,010 won in May 12, 2018 and 251,00 won in total, 379,010 won in June 2018, and 7,73,790 won in total, within 14 days from the date of retirement without any agreement on extension of the payment date between the parties concerned.

(b) When concluding an employment contract, the employer must specify the terms and conditions of the employment, such as wages, prescribed working hours, holidays, and annual paid leave, and among them, the items constituting the wages, the method and methods of calculating the wages, and the small working hours, holidays, and years.

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