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(영문) 대구지방법원 김천지원 2013.07.04 2013고정318

최저임금법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in this case, the violation of the Labor Standards Act.

Reasons

Punishment of the crime

The defendant, as the representative of the (State)C located in the Gu and America, is an employer who runs the automobile parts manufacturing business using 65 regular workers.

An employer shall pay workers subject to the minimum wage at least the minimum wage amount publicly notified by the Minister of Labor each year, and shall pay wages at least 4,580 won per hour from January 2012 to July 2012.

Nevertheless, from October 1, 2010 to August 1, 2012, the Defendant paid D retirement pay wages from January 1, 2012 to D and paid KRW 4,306.23 won below the minimum wage.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. List of workers;

1. Application of Acts and subordinate statutes to an investigation report (the scope of minimum wage included);

1. Articles 28 and 6 (1) of the Minimum Wage Act and the selection of fines for criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act (one day: 50,000 won) of the Criminal Act;

1. The suspended sentence under Article 59(1) of the Criminal Act (the difference between the minimum wage and the actual wage is not so significant, the victim wants the Defendant’s wife by mutual consent with the victim, the circumstances to take into account the circumstances of the instant case, and the absence of the same power: the part dismissing the prosecution by a fine of KRW 300,000;

1. Summary of the facts charged

(a) When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred, unless there are any special circumstances;

Nevertheless, around August 1, 2012, the Defendant: (a) around August 1, 2012, 10, 10,579,650 won in total, including 90,580 won, 4,330,350 won, unpaid night work allowances, and unpaid holiday work allowances, and 6,158,720 won, among the parties.