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(영문) 광주지방법원 해남지원 2019.09.26 2019고단210
근로기준법위반등
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the user who is the representative of the F Convenience Points in Jeonnam-do E and the actual manager of H convenience points in Jeonnam-do G in Jeonnam-do, and is operating convenience points by using less than five regular workers.

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Employment and Labor, and shall pay wages of at least 6,470 won per hour during the period from January 1, 2017 to December 31, 2017, and shall pay wages of at least 7,530 won per hour during the period from January 1, 2018 to December 31, 2018;

Nevertheless, the defendant is working for the F convenience store and H convenience store.

The wage was paid to 14 persons, such as retired I, in short of the minimum wage in the relevant year, as shown in the attached list of crimes.

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

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

Nevertheless, by paying wages below the minimum wage as stated in the preceding paragraph, the Defendant did not pay 195,810 won in total, which is 14 days after the date of retirement of each employee, without an agreement on the extension of the payment due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the sequence 34,36 of the evidence list);

1. Application of Acts and subordinate statutes to each service log, and each corrective order;

1. Relevant provisions of the relevant Act on criminal facts, Articles 28(1) and 6(1) of the Minimum Wage Act (the fact that the minimum wage is not paid), Articles 109(1) and 36 of the Labor Standards Act, and the fact that wages are not paid: Provided, That the crimes listed in [Attachment 10] No. 10.

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