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(영문) 부산지방법원 2017.05.10 2017고단1344

최저임금법위반등

Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is an employer who runs a medical business using three full-time workers under the trade name of “A Han-gu, Busan.”

An employer shall pay wages above the minimum wage determined and publicly announced annually by the Minister of Labor to workers subject to the minimum wage, and the minimum wage determined and publicly notified by the Minister of Labor is 5,210 won per hour in 2014, 5,580 won per hour in 2015, and 6,030 won per hour in 2016.

Nevertheless, the Defendant paid 5,357 won an hourly rate of 5,178 won in 2014, hourly rate of 5,396 won in 2015, hourly rate of 5,357 won in 2016, and hourly rate of 5,357 won in 2016 to retired workers C who worked from the said workplace from May 1, 2010 to August 20, 2016, and paid 4,980 won in 2014, hourly rate of 5,197 won in 2015, hourly rate of 5,199 won in 2016, and did not pay wages exceeding the minimum wage rate of 5,197 won in 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant provisions of the Act and Articles 28 (1) and 6 (1) of the Minimum Wage Act concerning facts constituting an offense;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;