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(영문) 서울동부지방법원 2021.03.24 2020고정1112

최저임금법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the employer as the chairperson of Gangdong-gu Seoul Metropolitan Government C.

An employer shall pay wages above the minimum wage to workers to whom the minimum wage applies.

Nevertheless, the Defendant did not pay KRW 340,60 for total wages of at least 7,530 won per minimum wage hour every month from August 17, 2016 to November 30, 2019 to D workers who worked in the above workplace from around November 30, 2019, and did not pay KRW 3,310,560 for total wages of at least 7,530 won per minimum wage hour every month from August 2017 to December 2017. The Defendant did not pay wages of at least KRW 8,350 for each month in 2019, on the 25th of each month, which is the date of the payment of the minimum wage.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's written statement E in relation to the police interrogation protocol to the defendant's partial statement in the court;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The Defendant is the president of Gangdong-gu Seoul Metropolitan Government who is an employer.

An employer shall pay wages above the minimum wage to workers to whom the minimum wage applies.

Nevertheless, the Defendant did not pay wages above the minimum wage on the 25th of each month, which is the date of the payment of wages, to D workers who worked from around November 17, 2016 to around November 30, 2019 at the above workplace, due to the Defendant’s failure to pay a total of at least 6,470 won per hour from January 2017 to July 2017.

2. According to the records of this case, the Defendant is only deemed to have entrusted C’s Chairperson from August 2017 to July 2017, and the evidence submitted by the prosecutor alone concerning the employees belonging to the above autonomous council from January 2017 to July 2017.