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(영문) 서울북부지방법원 2016.12.15 2016고정1704

최저임금법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of the D in Seongbuk-gu, Sungnam-gu, Seoul, who employs 130 full-time workers and operates the taxi transport business.

1. Any employer who violates the Minimum Wage Act shall provide the workers subject to the minimum wage with wages exceeding the minimum wage amount;

The Defendant shall work at the relevant workplace from February 23, 2012 to July 31, 2015.

It is clear that “732,660 won” as stated in the indictment of KRW 71,003 in the amount below the minimum wage in 2012 for retired workers E is a clerical error in the “71,003 won.”

A total of 732,660 won did not be paid, as stated in the attached list of crimes (violation of Minimum Wage Act) including non-payment of the minimum wage amount.

2. Defendants who violate the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits shall work in the relevant workplace from February 23, 2012 to July 31, 2015.

A total of 937,820 won of retirement allowance and 486,188 won of retirement allowance as stated in the attached list of crimes (violation of Article 36 of the Labor Standards Act), such as the amount below the minimum wage for retired workers E, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. The part concerning the statement E in the police interrogation protocol of the defendant

1. Each police statement of E;

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Articles 28(1) and 6(1) of the Minimum Wage Act applicable to the facts constituting an offense; Articles 109(1) and 36 of the Labor Standards Act; Articles 44(1) and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine not exceeding 300,000 won to be suspended;

1. The Criminal Act for the detention of a workhouse;