근로기준법위반등
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is the actual representative of the Gangseo-gu Seoul Metropolitan Government C building and is an employer who runs real estate rental business using 15 full-time workers.
1. An employer in violation of the Minimum Wage Act shall pay an hourly minimum wage of at least 4,860 won, and an hourly minimum wage of at least 5,210 won, which shall apply from January 1, 2013 to December 31, 2013, to an employee subject to the minimum wage. < Amended by Act No. 12175, Jan. 1, 2014; Act No. 12955, Dec. 31, 2014>
Nevertheless, the Defendant paid the wages below the minimum wage amount from September 3, 2013 to June 2014, as shown in the list of crimes in the attached Form, such as paying KRW 2,340 won below the minimum wage amount in September 2013 retired as parking management security guards who worked in the above workplace from September 3, 2013 to September 18, 2014.
2. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the Defendant, as stated in the preceding paragraph, did not pay 10,298,600 won in total from September 2013 to June 2014, as stated in the daily list of crimes, including the difference of 1,250,280 won, which occurred due to the payment of wages below the minimum wage rate for September 2013, as stated in the preceding paragraph, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties on the extension of payment period.
Summary of Evidence
1. Statement by the defendant in court;
1. The protocol of the statement made by the petitioner against D, the protocol of the statement made by the complainant, and each protocol of reference for E;
1. Application of the details of transactions in a true passbook, wage ledger, and Acts and subordinate statutes on commuting cards;
1. Relevant Article 28 (1), Article 28 (1), Article 6 (1) of the Minimum Wage Act (which means the payment of minimum wage, the selection of fines), Articles 109 (1), and 36 of the Labor Standards Act for criminal facts;
1. Article 37 of the Aggravation of Concurrent Crimes Act.