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(영문) 의정부지방법원 2018.05.18 2017고단632

최저임금법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a C representative in Dong ducheon-si, who is a full-time worker of 40.

1. An employer in violation of the Minimum Wage Act shall pay the workers subject to the minimum wage amount not less than the minimum wage amount determined and publicly notified annually by the Minister of Labor;

Therefore, during the period from January 1, 2013 to December 31, 2013, an employer shall pay wages of at least 5,580 won in the minimum wage hourly during the period from January 1, 2013, from January 1, 2014 to December 31, 2014, the minimum wage hourly rate of at least 5,210 won during the period from January 1, 2014, and from January 1, 2015 to December 31, 2015.

Nevertheless, the Defendant served in the said workplace from October 23, 201 to July 17, 2014 with his/her retired employee D, and served in the workplace from May 21, 201 to February 28, 2015 and served in the workplace from February 24, 2015 as shown in the list of crimes in the attached Table of crimes (2), and paid the retired employee E during the period from May 21, 2013 to February 28, 2015 to February 28, 2015, as shown in the list of crimes in the attached Table of Crimes (3) in the attached Table of Crimes, and paid the retired employee F during the period from October 29 to May 31, 2013 to May 31, 2013 to the minimum hourly wage for the pertinent year, such as the list of crimes in the attached Table of crimes (4).

2. The Defendant in violation of the Labor Standards Act, as described in paragraph 1, paid monthly wages below the minimum wage to workers D, etc., and did not pay KRW 9,264,515 corresponding to the difference between the accrued wages to workers D from February 2, 2013 to each retirement day, KRW 7,217,491, KRW 11,24,080 for workers E, KRW 11,24,080 for workers F, and KRW 30,014,762 for workers from May 2013 to the retirement day without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. The defendant's partial statement in court;