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(영문) 춘천지방법원 원주지원 2015.05.13 2014고단121
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a representative member of F limited partnership companies in E at home, who is an employer who runs taxi transportation business using 50 full-time workers.

1. The Defendant violated the Minimum Wage Act: (a) from August 1, 2008 to July 30, 2013, the Defendant provided labor to the said workplace as a taxi engineer; (b) paid wages below the minimum wage of KRW 156,985 to the G workers subject to the application of the minimum wage; and (c) paid wages below the minimum wage of KRW 952,735 to the nine workers subject to the application of the minimum wage as indicated in the attached list 1 of crimes committed in the attached Table 1.

2. Violation of the Labor Standards Act.

A. From August 1, 2008 to July 30, 2013, the Defendant did not pay the total of KRW 733,193,193 of wages and night work allowances to workers G who provided labor as taxi drivers at the aforementioned workplace within 14 days from the date of retirement, and did not pay KRW 1,419,909, total amount of wages and night work allowances to five workers within 14 days from the date of retirement, as shown in the attached crime list 2.

B. From January 2010, the Defendant did not pay KRW 250,466 as well as KRW 385,625,00 for three workers as indicated in the attached Table 3, even though he/she did not pay the full amount of wages to H at least once a month to workers who provided his/her labor to the taxi engineer at the above workplace, on a fixed date.

3. The Defendant violated the Guarantee of Workers' Retirement Benefits Act did not pay KRW 113,155 of the employee I's retirement allowances from November 1, 2006 to December 18, 2012 within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on J, K, H, G, L, I, M, N,O, and P;

1. A written calculation of average wages and retirement allowances;

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