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(영문) 부산지방법원 2018.11.14 2018고단2511
근로기준법위반등
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 the representative of the Busan East-gu Celel located in B, and is an employer who runs the lodging business with five full-time workers.

1. When an employer concludes a labor contract, he/she shall clearly state wages, fixed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the worker, and shall issue a written statement specifying the matters concerning the composition, calculation method, payment method, prescribed working hours, holidays, annual paid leaves among them;

Nevertheless, on June 14, 2014, the Defendant did not deliver to the above workplace a written document stating the above matters in concluding a labor contract with workers D.

2. An employer in violation of the Minimum Wage Act shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Labor, and shall pay wages at least the minimum hourly wage of at least 6,470 won per hour during the period from January 1, 2014 to December 31, 2014; the minimum wage of at least 5,580 won per hour during the period from January 1, 2015 to December 31, 2015; the minimum wage of at least 6,030 won per hour during the period from January 1, 2016 to December 31, 2016; and the minimum wage of at least 6,470 won during the period from January 1, 2017 to December 31, 2017.

Nevertheless, the Defendant paid KRW 3,963 in an hourly rate below the minimum wage each month from June 14, 2014 to August 31, 2017 to D who retired from the said workplace.

3. When a worker dies or retires, the employer who violates the Labor Standards Act (the part concerning the violation of obligation to liquidate wages), or the Act on Guarantee of Retirement Benefits of the worker, the employer shall pay the worker wages, retirement allowances, compensation, or any other money or valuables within fourteen days after the cause for such payment occurred;

However, in special circumstances, between the parties.

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