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(영문) 전주지방법원 2016.04.21 2015고단2203
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a representative director of the limited partnership D located in Kim Jong-si, who employs 16 full-time workers and operates a taxi transportation business.

1. An employer in violation of the Minimum Wage Act shall pay the workers subject to the minimum wage rate at least the minimum wage determined and publicly notified annually by the Minister of Labor, and accordingly shall pay the workers subject to the minimum wage rate at least the minimum wage rate of 4,580 won in 2012, the minimum wage rate of 4,860 won in 2013, the minimum wage rate of 5,210 won in 2014, and the minimum wage rate of 5,580 won in 2015;

On April 16, 2012, Defendant paid to E, who was employed as a taxi engineer in the above workplace on April 16, 1990, an amount below the minimum wage amount from April 201 to April 2015, including that paid only KRW 2,458 per hour below the minimum wage amount, as shown in attached crime sight table (A).

2. Violation of the Labor Standards Act;

(a) An employer who is not paid wages to workers F or G shall, if the worker dies or retires, pay the worker wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred;

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

Defendant Company paid only a part-time wage below the minimum wage from April 1, 2012 to April 2015 to F retired on May 1, 2015, and did not pay 21,511,660 won in total to two workers as shown in the attached Table of Crimes (b), such as the previous Table of Crimes (B), within 14 days from each retirement date, without any agreement on the extension of the payment date.

(b) Wages payable to workers E shall be paid in full directly to workers in currency.

Provided, That if there are special provisions in Acts and subordinate statutes or an organization agreement, part of wages shall be deducted or currencies.

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