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(영문) 서울동부지방법원 2017.01.12 2016고단3819
최저임금법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case, the attached Ⅱ-1 to 71 year portion of the indictment.

Reasons

Punishment of the crime

The defendant is a user who runs multi-family housing management business using approximately 230 full-time workers as the representative of the F Co., Ltd. in the second floor of Songpa-gu Seoul Metropolitan Government E building.

1. An employer who violates the Minimum Wage Act shall pay workers a minimum amount of wages exceeding the minimum amount of wages set as KRW 5,580 per hour from January 1, 2015 to December 31, 2015, and the minimum amount of wages set as KRW 6,030 per hour from January 1, 2016 to December 31, 2016.

Nevertheless, the Defendant paid wages below the minimum wage amount of each of 254 employees of FF stock companies (the total amount below 404,865,384 won) from January 16, 2014 to July 31, 2015, including payment of wages below the minimum wage amount of 2,563,280 won to G retired workers from the above workplace, from January 2015 to May 2016, the Defendant paid wages below the minimum wage amount of each of the total amount of wages (the total amount below 404,865,384 won).

2. Violation of the Labor Standards Act;

(a) 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;

Defendant Company had worked from July 7, 2008 to November 23, 2015 at the same place of business and retired workers H were not paid KRW 224,040 in total, KRW 11,792,820 in total, and KRW 50,809 in total, the annual leave allowances not paid, and KRW 50,809 in total, from January 7, 2015 to May 2016, as shown in attached Table II-1 to Annex II-71 in the daily list of crimes (I-2). The Defendant Company did not pay KRW 206,527,94 in total, including wages, to 43 employees, within 14 days from the date of occurrence of the payment cause without agreement on extension of the payment date.

(b) The full amount of wages shall be paid directly to workers in currency at least once a month on the fixed date;

Nevertheless, the Defendant from May 30, 2015.

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