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(영문) 서울중앙지방법원 2014.11.05 2013고정5918

최저임금법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a co-representative of Jongno-gu Seoul Metropolitan Government D History Co., Ltd. and is an employer who operates public friendship by using six full-time workers.

An employer shall pay wages exceeding the minimum wage amount to workers, and an amount of 4,320 won at a time from May 201 to December 201, and the amount of 4,580 won at a time from January 1, 201 to January 1, 201 was the minimum wage.

From April 26, 201 to April 24, 2012, the Defendant paid 1,800,000 won per month (based on monthly working hours, 597.3 hours, and 3,013.5 won per month) to E who worked in the above D Coina as wages. This is more than the minimum wage for eight months from May 201 to December 2011, the Defendant paid 779,040 won per month for eight months from May 201, and the amount of four months from January 201 to April 2012, the Defendant paid less than the minimum wage amount of KRW 9,969,360 per month.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. Legal statement of witness E;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of E, G, and H;

1. E statements;

1. On-site inspections and reports on the investigation of the workplace, and report on the investigation (I in currency).

1. Application of Acts and subordinate statutes on a petition;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.