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(영문) 서울북부지방법원 2014.07.10 2013고정2672
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the chairman of the Seoul Special Metropolitan City Nowon-gu Council of Residents;

1. 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;

Nevertheless, the defendant is working as the head of the management division from June 15, 2012 to May 13, 2013 in the above apartment.

On April 2013, 2013, wages of KRW 2,400,00, May 2013, 2013, wages of KRW 929,030, annual leave allowances of KRW 792,280, and overtime work allowances of KRW 115,550 ( April 10, 2013, April 12, 2013, April 13, 2013, and KRW 4,236,860) were not paid to two workers within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. An employer shall pay workers subject to the minimum wage each year wages not less than the minimum wage determined and publicly notified by the Minister of Employment and Labor, and shall pay wages not less than 4,374 won per hour (90% of the minimum wage) from January 1, 2013;

Nevertheless, the Defendant paid wages to E and 26 security guards, other than E, working on the apartment in question, from January 2013 to June 2013, and paid KRW 4,122 per hour below the minimum wage in 2013.

3. An employer shall pay workers wages in full in currency;

Nevertheless, the Defendant, as indicated in the list of crimes (2) in attached Form 2, did not pay to E and 26 security guards, other than E, who work in the above apartment complex, 13,347,180 won 21.5 hours (5 hours at night, 19 hours at night, 19 hours) x 365/2/12 x 252 won x 27 x 6 months.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Each police statement made to D, F, and E;

1. Each complaint; 1. A complaint;

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