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(영문) 창원지방법원 마산지원 2019.09.20 2019고정27
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 an employer who runs a lodging business with four full-time workers as the representative of Changwon-si Masan-si Belel.

1. The employer shall pay the worker to whom the minimum wage is applied at least the minimum wage determined and publicly announced by the Minister of Employment and Labor each year, while the hourly minimum wage rate for 2017 shall be 6,470 won, and the hourly minimum wage rate for 2018 shall be 7,530 won;

Nevertheless, the Defendant is working in charge of night carter operations from March 5, 2017 to March 18, 2018 under the jurisdiction of the foregoing workplace.

In paying monthly wages to retired workers C, 4,021 won per hour below the minimum wage amount was paid.

2. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, holidays under Article 60, and annual paid leaves under Article 60 to such workers;

Nevertheless, while entering into the above employment contract with C, the Defendant did not deliver in writing such matters concerning the working conditions.

3. An employer shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days thereafter;

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

Nevertheless, the Defendant did not pay KRW 11,972,860 in 14 days from the date of his/her retirement without agreement on the extension of the payment due date between the parties, such as the details of the money and valuables in arrears, including the minimum wage in April 2017, the difference of the minimum wage in 913,310, etc. for the rest-time work

4. When a worker retires.

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