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(영문) 창원지방법원 통영지원 2018.01.09 2017고정378
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a business owner who ordinarily employs four workers as the representative of the Dial Corporation located in Tong Young-si and is engaged in gambling business.

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and announced annually by the Minister of Labor, and shall pay wages at least the minimum wage rate of 5,580 won per hour during the period from January 1, 2015 to December 31, 2015, and at least 6,030 won per hour during the period from January 1, 2016 to December 31, 2016;

Nevertheless, the Defendant paid 4,950 won an hourly wage below the minimum wage amount while paying wages to E who retired from office as management personnel from the above workplace from September 18, 2015 to October 20, 2016.

2. 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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant paid wages below the minimum wage during all the period of employment to E who retired from the above workplace as management personnel from September 18, 2015 to October 20, 2016, and did not pay 3,852,447 won of the relevant wage and 1,953,865 won of retirement pay within 14 days from the date of retirement, which is the date when the grounds for payment occurred, without agreement between the parties on the extension of the payment date.

3. When an employer concludes a labor contract, he/she shall clearly state in writing the constituent items of wages, prescribed working hours, holidays, annual paid leaves, and other matters concerning the working conditions prescribed by Presidential Decree for workers;

Nevertheless, the defendant did not specify in writing the working conditions, such as wages, when concluding a labor contract with workers E on September 18, 2015 at the above workplace.

(i) the evidence;

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