최저임금법위반
The defendant shall be innocent.
1. In the facts charged, the Defendant is the representative director of the EF in the Asia-si (ju), who employs 650 full-time workers and operates a manufacturing business of automobile parts.
When the Defendant paid the wages on the 10th day of each following month, which is the date of the regular payment of wages at the above workplace, from July 23, 2015 to that of the above workplace, the Defendant had been working in the above workplace.
G From July 23, 2015 to December 31, 2015, wages of 5,543 won per hour during which the minimum wage rate of 5,580 won is below 5,580 won, and from October 6, 2014 to December 31, 2015, while serving in the same workplace.
From January 1, 2015 to December 31, 2015, H paid wages less than the minimum wage amount by paying KRW 5,455 below the minimum wage rate of KRW 5,580.
2. In order to determine whether the paid wage falls short of the minimum wage amount, the wage for the application of the minimum wage except the wage or allowances prescribed in Article 6(4) of the Minimum Wage Act and Article 2 of the Enforcement Rule of the same Act [Attachment 1] of the same Act shall be calculated, and the comparative wage shall be converted into the hourly wage pursuant to Article 5 of the Enforcement Decree of the Minimum Wage Act, and the comparative wage shall be determined by comparing it with the minimum wage amount per hour publicly notified.
In this case, the number of hours of work per day is 8 hours, 40 hours for the prescribed number of hours of work per week, and 173.8 hours for a month [ = 40 hours for the prescribed number of hours of one week x (365 days ± 7 days ± 12 months)] public prosecutors and the defendant's position are the same. In calculating the comparative wage per hour pursuant to the Minimum Wage Act, the comparative wage per hour shall be limited to the "fixed hours of work" as determined by an agreement between labor and management within the limit of the working hours under Article 50 of the Labor Standards Act, etc., and the "fixed hours of work" does not include "hours treated as paid outside the fixed hours of work."
It is reasonable to interpret it.
In this case, the monthly basic pay is included in the comparable wage on the daily basis.
The management regulations of the annual salary system of the instant company, and