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(영문) 서울남부지방법원 2017.05.25 2016고정3035
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the user who runs a manufacturing business (elevator) using one full-time worker as the representative of Geumcheon-gu Seoul Metropolitan Government and 2, 208 D.

1. An employer shall, when a worker dies or retires, pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 1,449,648, totaling KRW 1,49,648, the amount below the minimum wage for December 2015, and KRW 330,810,000, totaling KRW 1,449,648, which is below the minimum wage for March 2016, retired from the said workplace as a person in charge of accounting affairs from June 9, 2008 to April 22, 2016, without agreement on the extension of the payment period between the parties.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen 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 did not pay KRW 5,468,982 of E's retirement pay from June 9, 2008 to April 22, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

3. An employer shall pay workers to whom the minimum wage is applied at least the minimum wage, and shall pay at least 5,580 won at the minimum wage rate, from January 1, 2015 to December 31, 2015, and at least 6,030 won at the minimum wage rate, from January 1, 2016 to December 31, 2016.

Nevertheless, Defendant paid wages to E who worked in charge of accounting affairs at the above workplace from January 1, 2015 to December 31, 2015, and paid wages to KRW 5,502 below the minimum wage (monthly wage of KRW 1,150,000), and paid them from January 1, 2016 to March 31, 2016.

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