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(영문) 수원지방법원 2017.11.15 2017고정1453
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 the representative director of D Co., Ltd. 801, Osan-si, who runs the reverse service business for security by using eight full-time workers.

1. An employer shall pay workers subject to the minimum wage amount to the minimum wage amount above the minimum wage amount determined and publicly announced by the Minister of Labor each year (5,210 won in 2014, 5,580 won in 2015, and 6,030 won in 2016);

Nevertheless, the Defendant paid 4,610 won an hourly wage below the minimum wage amount when paying monthly wages to the retired workers E as security guards from July 29, 2014 to September 27, 2016 at the above workplace.

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;

Nevertheless, by paying the above worker E’s wages below the minimum wage, the Defendant did not pay 20,39,800 won for each wage difference from August 2014 to December 2 of the same year, 700,400 won for each wage difference from January 2015 to December 2 of the same year, and 871,400 won for each wage difference from January 2016 to September 2016, for total of 19,046,40 won for each wage difference, and 1,350,720 won for unused paid leave allowances for annual paid leave, and money and valuables totaling 20,397,120 won for 20,397,120 won, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

3. When a worker retires, an employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant did not pay 4,863,935 won of retirement pay E within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. The police questioning protocol against the defendant and E, and the police complaint against E.

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