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(영문) 서울중앙지방법원 2015.10.15 2014고정2573

최저임금법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the corporation E established for the purpose of managing the Seocho-gu Seoul Metropolitan Government D building, who is engaged in the management business of commercial buildings and offices by employing 12 full-time workers, and F is a corporation E in charge of the business of guarding buildings and parking management from January 12, 2005 to February 28, 2013.

is a retired person.

1. The Defendant violated the Minimum Wage Act: (a) on April 25, 2010, even though the employer paid the wage higher than the minimum wage amount to the employees subject to the minimum wage, the employer paid the wage to the employee F, and (b) paid KRW 55,176,00,000, 1,030,000, i.e., mother and child, based on the hourly minimum wage 4,110, and (c) from that time to March 25, 2012, paid the F, 1,306,176, i.e., the minimum wage amount, from that time to March 25, 2012.

2. The Defendant violated the Labor Standards Act by February 28, 2013.

A retired worker F did not pay KRW 3,516,256 in the aggregate of the minimum wage amount that was not paid and the actual wage amount that was paid as described in paragraph 1 and KRW 591,840 in the annual salary in 2010, annual salary in 2011, KRW 518,40 in the annual salary in 2013, KRW 69,840 in the annual salary in 2013, KRW 400 in the annual salary in 2013, and KRW 3,516,256 in the annual salary in 2013 within 14 days from the date of the retirement of F without any agreement between the parties on the extension of the due date.

3. The Defendant who violated the Guarantee of Workers’ Retirement Benefits Act is employed until February 28, 2013 as above.

The remaining 117,856 won of the F retirement pay of retired workers was not paid within 14 days from the date of F's retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Each protocol of examination of the witness of this Court concerning H and I;

1. Statement to the prosecution of I;

1. Each police statement made to the F, H and J;

1. A complaint;

1. Details of a benefit passbook, wage ledger (27 pages of investigation records), notice of dismissal, each daily parking fee deposit, and the details of the use of transportation cards;