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(영문) 인천지방법원 2016.11.25 2016고정2317

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a user who is operating a driving range using five full-time workers as the D representative in Seo-gu Incheon, Seo-gu.

An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Employment and Labor, and shall pay wages at a minimum wage rate of at least 5,580 won for a period from January 1, 2015 to December 31, 2015. < Amended by Act No. 13196, Dec.

Nevertheless, the Defendant served from July 26, 2014 to August 14, 2015 and paid the retirement E wages after January 2015, and paid 5,210 won an hourly wage below the minimum wage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of employment contract Acts and subordinate statutes;

1. Relevant Article 28 (1) and Article 6 (1) of the Minimum Wage Act, the option of fines for criminal facts, and the choice of fines;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) of the same Act does not have any history of punishment for the same kind of crime, and there is no history that the defendant has been punished for the same offense, and the defendant has divided and reflected his mistake. In addition, the amount that the defendant has not been paid to the victimized employee is not large, and the victimized employee is paid the amount equivalent to the wages payable to the victimized employee in the