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(영문) 서울중앙지방법원 2017.11.08 2017고정2758

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant employs one full-time worker and operates C in Gangnam-gu Seoul Metropolitan Government B Building 302.

From September 1, 2013 to December 30, 2016 at the same place of business, the Defendant paid monthly wages to retired workers D, based on the Si wage of 2,860 won below the minimum wage rate of 4,860 won in 2013, based on 4,780 won below the minimum wage rate of 5,210 won in 2014, based on 5,260 won below the minimum wage rate of 5,580 won in 2015, and 5,650 won in 2016, calculated based on 5,650 won below the minimum wage rate of 6,030 won in 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. To refer to the details of financial transactions, the specifications of salaries, and transaction data;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Fine of 500,000 won to be suspended; and

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the same Act) (i., that even though the Defendant paid D wages below the minimum wage, it appears that he paid life jackets, etc. other than wages, and offered labor convenience, such as allowing home-based work according to the personal circumstances of D; and (ii) that D agreed with D is the Defendant’s