최저임금법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The defendant does not pay the above fine.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
In the first instance of the trial, the prosecutor applied for the amendment of the indictment with the content that the clause 2 of the facts charged in the instant case is modified as follows, and this Court permitted it.
Therefore, since the subject of this part of the judgment below was changed, this part of the judgment of the court below should be reversed, and the court below has a concurrent relation with this part.
In light of the above, the judgment of the court below should be reversed in its entirety.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.
[Grounds] The summary of facts constituting an offense and evidence admitted by this court is as follows: (a) the summary of facts constituting an offense and the summary of the evidence established by this court is as follows: (b) the facts constituting an offense of the lower judgment: “from November 1, 2013 to May 6, 2016”; (c) from November 1, 2013 to May 6, 2017, the summary of the facts constituting an offense is as stated in the relevant column of the lower judgment, except that the phrase “1. Defendant’s legal statement” in the summary of the evidence is as stated in Article 369 of the Criminal Procedure Act, with the exception that the phrase “1. Defendant’s legal statement” is as stated in the relevant column of the lower judgment, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
An employer shall directly pay wages to workers in currency in full, and shall pay wages at least once a month on the date fixed.
Nevertheless, the Defendant, at the end of October 2014, paid wages to the net of the person working at the workplace above, and did not pay KRW 277,320, the difference between the minimum wage and the agreed wage at the workplace above, and as stated in the attached minimum wage difference (unpaid amount) from around that time to December 2016, the Defendant totaled KRW 7,334,76.