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(영문) 창원지방법원 2015.04.28 2015고정185
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the C representative in Kimhae-si B, who runs the automobile parts manufacturing business using seven regular workers.

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly announced by the Minister of Employment and Labor each year, and shall pay wages at least 5,210 won per hour during the minimum wage period from January 1, 2013 to December 31, 2013, and at least 4,860 won per hour during the minimum wage period from January 1, 201 to December 31, 2013, and at least 5,210 won per hour during the minimum wage period from January

Nevertheless, the Defendant paid KRW 4,60 per hour below the minimum wage amount when paying wages to D and E for December 3, 2013, which were employed as a production worker on December 3, 2013 in the foregoing workplace, and paid KRW 4,860 per hour below the minimum wage amount from January 2, 2014 to June 2014.

2. Wages shall be paid in full in currency directly to workers: Provided, That if otherwise prescribed by Acts and subordinate statutes or by a collective agreement, wages may partially be deducted or may be paid by means other than currency.

Nevertheless, by paying wages below the minimum wage as stated in the above paragraph (1), the Defendant did not pay KRW 1,69,765 in total, including KRW 32,00 in the difference of wages on December 2, 2013 of the worker D and KRW 186,360 in the payment of overtime allowances for each individual as stated in the attached Table, including the amount of delayed payment of worker D and E, on the 15th day of the following month, which is the date of the regular payment of wages.

3. Wages shall be paid at least once a month on a fixed date: Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree;

Nevertheless, the Defendant, including the amount of KRW 1,501,565 paid on September 9, 2014 by workers D, included the amount of KRW 1,501,565 as well as the amount of delayed payment for each individual, shall be equal to the amount of KRW 4 employee on September 2014 and October 2014.

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