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(영문) 서울중앙지방법원 2019.02.19 2018고정327
근로기준법위반등
Text

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

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

Reasons

1. Criminal facts are the representatives of C in Jung-gu Seoul, Jung-gu, who ordinarily employ five workers and run restaurant business. A.

Any employer who violates 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 Employment and Labor, and shall pay wages of at least 4,860 won per hour for 2013, the minimum wage of at least 5,210 won per hour for 2014, the minimum wage of at least 5,580 won per hour for 2015, and the minimum wage of at least 6,030 won per hour for 2016.

Nevertheless, the Defendant worked in the above workplace from August 8, 2013 to March 31, 2016, and attached Form D with respect to retirement.

1. As indicated in the part of August 2013 among the unpaid minimum wage on workers D, the work between June 26, 201 and April 8, 2016, and attached Form for retired E

2. The wages below the hourly minimum wage rate for each year, as described in January and February 2016, among the unpaid minimum wage for workers E, were paid.

(b) Where a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker 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 worked in the said workplace from August 8, 2013 to March 31, 2016, and did not pay KRW 127,099 out of the monthly wage of August 2013, as well as KRW 127,099 from the date of each retirement within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date for payment.

(c) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, be subject to such payment.

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