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Reasons
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(영문) 광주지방법원 2016.05.20 2016고정284
최저임금법위반등
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Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is running a service business with two full-time workers as the actual management owner of “Csing” in Gwangju Northern-gu B and the first underground floor.

1. An employer shall pay workers to whom the minimum wage is applied the wages above the minimum wage amount determined and publicly announced by the Minister of Labor each year, and the minimum wage from January 1, 2014 to December 31 of the same year shall be the Si wage of 5,210 won, and the minimum wage from January 1, 2015 to December 31 of the same year shall be the Si wage of 5,580 won.

Nevertheless, the Defendant served in the said workplace from August 16, 2014 to August 25, 2015 and paid D retirement wages from September 16, 2014 to July 2015, only the amount of 3,072 won below the minimum wage amount.

2. 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 paid D’s wages below the minimum wage rate from September 2014 to July 2015, and paid the difference of KRW 9,344,200 and KRW 10,375,600 in total on August 2015, the Defendant did not pay the difference of KRW 10,375,60 from the date of retirement without agreement between the parties to the extension of payment deadline.

3. An employer shall pay a retirement allowance within 14 days after the cause for such payment occurred, if a worker retires;

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

Nevertheless, the Defendant was serving from August 16, 2014 to August 25, 2015 and did not pay KRW 2,002,390 of D retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. The police of the defendant.

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