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(영문) 광주지방법원목포지원 2020.12.11 2020고정167
근로기준법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a C representative in Papo City B, who is a full-time employee and operates PCP using two full-time workers.

An employer shall pay wages exceeding the minimum wage amount publicly notified by the Minister of Employment and Labor to workers subject to the minimum wage every year, and the minimum wage amount determined and publicly notified by the Minister of Employment and Labor shall be 6,470 won in 2017, 7,530 won in 2018, and 8,350 won in 2019.

Nevertheless, the Defendant is working from November 11, 2017 to September 18, 2019 at the above workplace.

In November 2017, the retirement D paid hourly wages below the minimum wage amount by paying the hourly wage of 5,753 won below the minimum wage amount as follows.

Victim D’s hourly wage (from November 11, 17’' to December 31, 18) 5,753 won (from December 1, 199’ to December 18, 198) 5,077 won of evidence 5,77 won

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Report on the results of internal investigation and the application of Acts and subordinate statutes on report of internal investigation;

1. Articles 28 (1) and 6 (1) of the Minimum Wage Act concerning the facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Summary of the facts charged

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables 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 is working from November 11, 2017 to September 18, 2019 at the above workplace.

D's total wage of KRW 18,097,621, including the wage of KRW 411,731 in November 2017, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as shown in attached Table 1.

(b).

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