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(영문) 수원지방법원 안산지원 2017.04.12 2017고정295
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an employer who engages in household wholesale and retail business using one full-time worker as a C representative in Ansan-si B underground 209.

1. An employer who violates the Minimum Wage Act (minimum wage below the minimum wage) shall pay workers subject to the application of the minimum wage each year wages not less than the minimum wage determined and publicly notified by the Minister of Labor, and shall pay the minimum wage of not less than 5,580 won per hour from January 1, 2015 to December 31, 2015, and not less than 6,030 won per hour from January 1, 2016 to December 31, 2015;

Nevertheless, the Defendant paid wages below the minimum wage amount from May 1, 2015 to April 11, 2016 to E who worked from Ansan-si members D to October 29, 2013.

2. An employer who violates the Labor Standards Act (non-Conclusion of a labor contract) shall clearly state wages, prescribed working hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

Nevertheless, the Defendant did not conclude a labor contract with E on October 29, 2013.

3. If an employee dies or retires, the employer in arrears of the Labor Standards Act shall pay the employee 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 did not pay KRW 1,501,020 for the portion wage of October 2015, KRW 806,120 for E, and KRW 1,501,020 for the portion wage of November 11 of the same year, KRW 1,501,020 for the portion wage of December 12 of the same year, KRW 1,622,070 for the portion wage of January 2, 2016, KRW 1,622,070 for the portion wage of February 2 of the same year, KRW 1,622,070 for the portion wage of March 3 of the same year, and KRW 590,940,940 for the portion wage of April 2 of the same year, KRW 9,265,310 within 14 days from the date on which the grounds for payment occurred without an agreement between the parties on the extension of the payment date.

4...

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