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(영문) 의정부지방법원 2017.06.08 2016고정1974

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 500,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the building E in the Gu Government, who is a full-time worker and operates a building leasing business.

1. The Defendant paid the wages below the minimum wage rate of 2014 5,210 won, the minimum wage rate of 2015 5,580 won, the minimum wage rate of 2015 , and the minimum wage rate of 6,030 won in 2016, when paying the wages to F who worked as security guards from October 26, 2014 to May 15, 2016 at the above workplace.

2. The Defendant in violation of the Labor Standards Act did not pay 8,98,180 won in total equivalent to the minimum wage amount below the minimum wage at the pertinent workplace from October 26, 2014 to May 15, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period between the parties concerned.

3. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers at the pertinent workplace, without any agreement between the parties on the extension of the payment period between the parties, paid KRW 850,232,00,00 from October 26, 2014 to May 15, 2016, the Defendant did not pay KRW 850,232 within 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the witness F in the second public trial record;

1. Application of Acts and subordinate statutes to data submitted correctly;

1. Relevant legal provisions for facts constituting an offense, Articles 109(1) and 36 of the Act on the Standards for Selective Labor, Article 44 Subparag. 1, Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which means unpaid wages), Articles 28 and 6(1) of the Minimum Wage Act (which means the payment of wages below the minimum wage amount), and selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, method and mode of committing a crime; and (b) the circumstances before and after committing a crime; and (c) the punishment is determined as ordered by the text.

- Serious reflect, damage.