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(영문) 의정부지방법원 2019.07.25 2019고정795

최저임금법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates a convalescent hospital by employing three full-time workers at the representative of the C convalescent Hospital in Gyeonggi-do Group B.

1. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage at least the minimum wage determined and publicly announced by the Minister of Employment and Labor each year, and shall pay wages at least 6,030 won per hour during the minimum wage period from January 1, 2016 to December 31, 2016, and at least 6,470 won per hour during the period from January 1, 2016 to December 31, 2016, respectively.

Nevertheless, from November 21, 2016 to August 17, 2017, the Defendant paid D wages below the minimum wage amount while paying wages to D who worked as the chief of the prime affairs division.

2. The Defendant violated the Labor Standards Act, by paying D wages below the minimum wage at the same workplace from November 21, 2016 to August 17, 2017, the Defendant did not pay KRW 4,87,520 as the total of KRW 1,352,230 as wages on April 201, 2017; KRW 1,352,230 as wages on June 1, 2017; KRW 1,352,230 as wages on July 201, 2017; KRW 4,87,520 as wages on August 21, 2017; and KRW 4,87,520 as wages on August 17, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each written statement of D;

1. Application of Acts and subordinate statutes of written confirmation of overdue wages and employment contracts;

1. Article 28(1) and Article 6(1) of the Minimum Wage Act regarding criminal facts; Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the choice of each fine for negligence

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize the defendant to commit a crime, there is no record of criminal punishment, and the amount of unpaid wages;