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(영문) 서울북부지방법원 2016.05.13 2015고정375
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the representative of Seongbuk-gu Seoul Metropolitan Government “D” and is engaged in the task by ordinarily employing 17 workers.

1. An employer shall pay each year wages exceeding the minimum wage amount determined and publicly notified by the Minister of Labor to workers subject to the minimum wage, and shall pay wages exceeding the minimum wage rate of 5,210 won per hour from January 1, 2012 to December 31, 2012, at least the minimum wage of 4,580 won per hour, from January 1, 2013 to December 31, 2013, at least the minimum wage of 4,860 won per hour, and from January 1, 2014 to December 31, 2014, at least the minimum wage of 5,210 won per hour.

Nevertheless, the Defendant paid wages below the minimum wage amount, such as the payment of KRW 3,165 won per hour, which falls short of the minimum wage amount, from April 5, 2012 to May 3, 2014, to retired workers E while working in the said workplace, from April 5, 2012 to June 2012.

2. When concluding an employment contract, an employer shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions, and shall state in writing the constituent elements of wages, calculation methods, payment methods, prescribed working hours, holidays and annual paid leaves, and deliver them to the worker.

Nevertheless, when concluding a labor contract with the above worker E on April 5, 2012, the Defendant did not specify in writing matters such as wages, constituent items, calculation method, payment method, prescribed working hours, holidays, and annual paid leave.

3. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant paid the wages of E from April 2012 to April 2014 as above, thereby making payment below the minimum wage rate, which is the aggregate of the difference as indicated in the list of crimes in the attached Form 5.

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