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(영문) 전주지방법원 정읍지원 2019.02.21 2018고정131

근로기준법위반등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the C filling Station in the Jeonbuk-gun B, who is an employer who runs the LPG charging business using one regular worker.

An employer shall pay wages exceeding the minimum wage determined and publicly notified by the Minister of Employment and Labor each year to workers subject to the minimum wage; from January 1, 2015 to December 31, 2015, the minimum wage of 5,580 won per hour; from January 1, 2016 to December 31, 2016, the minimum wage of 6,030 won per hour; and from January 1, 2017 to December 31, 2017, the minimum wage of 6,470 won per hour shall be paid, respectively.

Nevertheless, the Defendant paid only the hourly wage of KRW 1,00,00 per month to D who was employed from May 1, 2015 to December 17, 2017 and retired from the said workplace, and paid KRW 3,154 won per hour from January 3, 2015 to December 12, 2015, and each hourly hourly wage of KRW 2,898 on April 9, 2015 to pay the hourly rate below the minimum wage.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A written petition;

1. Application of Acts and subordinate statutes to submit reference materials;

1. Article 28 (1) and Article 6 (1) of the Minimum Wage Act and the selection of fines, inclusive, with respect to the relevant criminal facts and the selection of punishment;

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

1. Since Article 334(1) of the Criminal Procedure Act provides only eight hours per day to determine the assertion of the Defendant and his/her defense counsel under Article 334(1) of the Provisional Payment Order, the facts charged that D calculated the hourly rate under the premise that D worked for ten hours or 11 hours per day are different from the facts.

2. In light of the following circumstances acknowledged by this Court based on the evidence duly adopted and examined, D is recognized as working for 11 hours during the summer season and 10 hours during the winter season and having received an hourly rate as stated in the facts charged:

Therefore, the defendant and the defense counsel.