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(영문) 의정부지방법원 2018.11.20 2018노743

최저임금법위반등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) Regarding the violation of the minimum wage law and the violation of the Labor Standards Act due to unpaid wages, the hours of the instant place of business operated by the Defendant (from 5:20 am to 5:20 am, from 6:40 am to 7:0 am, from 10 am, from 10:40 am, from 10 am to 10:40 am) are 80 minutes, and if the comparative wage is calculated based on this, all wages paid above the minimum wage amount.

2) The Defendant demanded D to prepare a labor contract on the violation of the Labor Standards Act due to the non-delivery of the labor contract, but D could not refuse and deliver the contract.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Determination as to the violation of the Minimum Wage Act and the violation of the Labor Standards Act due to the unpaid wage payment 1) The Defendant in this part of the facts charged is the C representative on the 1st floor underground of the Ki Government-si B, who ordinarily employs six workers and engages in manufacturing and wholesale and retailing rice.

An employer shall pay workers to whom the minimum wage is applied at least the minimum wage determined and publicly announced by the Minister of Labor each year, and the period from January 1, 2015 to December 31, 2015 shall be at least 5,580 won per hour at the minimum wage, and the period from January 1, 2016 to December 31, 2016 at least 6,030 won per hour at the minimum wage. < Amended by Act No. 14370, Dec. 31, 20

Nevertheless, the Defendant paid KRW 1,410,065 in total amount of wages below the minimum wage amount, such as the wage 132,630 won on March 3, 2016 of retired workers D, who worked in the said workplace from July 6, 2015 to May 27, 2016, as well as the wage 1,410,065, as in the list of crimes in the attached Table (the violation of the minimum wage law). If a worker dies or retires, the employer shall pay the wages, compensation, and all other money and valuables within 14 days from the date on which the cause for payment occurred.

except in special circumstances.