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(영문) 서울중앙지방법원 2017.11.16 2016고단8317
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant pays the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of C in Gwanak-gu in Seoul Special Metropolitan City and is a user who is engaged in the food processing business by employing 30 full-time workers.

[2016 Highest 8317] - No employer who violates the minimum wage law shall pay less than 4,860 won in 2013, the minimum wage amount determined and announced by the Minister of Labor, which is the minimum wage amount determined and announced by the Minister of Labor, to workers subject to the minimum wage law, or less than 5,580 won in 2015.

Nevertheless, the Defendant: (a) worked at the said workplace; (b) from March 14, 201 to November 23, 2015, the hourly wage of KRW 4,744, which is less than the minimum hourly wage from January 14, 2013 to November 23, 2015; and (c) worked for the retired worker E during the period from November 12, 199 to November 23, 2015, the hourly wage of KRW 4,744, which is less than the minimum hourly wage from January 23, 2011 to November 23, 2015; and (d) paid the retired worker D the minimum hourly wage of KRW 10,744,00,000, which is less than the minimum hourly wage from November 23, 2011 to November 23, 2015 to November 14, 2014; and (d) paid the worker F the hourly wage of KRW 154,5.15.

[2017 Highest 4743]

1. An employer in violation of the Minimum Wage Act shall pay workers subject to the minimum wage to the minimum wage amount above the minimum wage amount, and shall pay the wage amounting to at least 4,580 won per hour for 2012; at least 4,860 won per hour for 2013; at least the minimum wage rate for 2013; at least 5,210 won per hour for 2014; and at least 5,580 won per hour for 2015;

Nevertheless, the Defendant paid KRW 3,144 in an hourly rate of less than the minimum wage to G retired from the said workplace from November 16, 2012 to November 23, 2015.

2. Violation of the Labor Standards Act;

(a) An employer whose working hours exceed 40 hours can not exceed excluding the hours of a worker’s recess, and the daily working hours may not exceed 8 hours, and subject to an agreement between the Parties.

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