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(영문) 서울중앙지방법원 2014.10.07 2014고정3460

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the third representative director of the corporation in Gangnam-gu Seoul and 5 who is engaged in the service business (private friendship) using 20 full-time workers.

An employer shall pay each year wages exceeding the minimum wage determined and publicly notified by the Minister of Employment and Labor to workers subject to the minimum wage, and shall pay the wages exceeding the minimum wage rate of 4,580 won per hour during the period from January 1, 2012 to December 31, 2012, and at least 4,860 won per hour during the period from January 1, 2013 to December 31, 2013, respectively.

Nevertheless, the defendant is working from January 10, 2012 to August 19, 2013 at the above workplace.

When providing retired workers D with wages from January 10, 2012 to January 5, 2013, the hourly wage of 4,042 won below the minimum wage was paid, and the hourly wage of 4,800 won below the minimum wage was paid from January 6, 2013 to August 19, 2013, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation:

1. Application of the relevant Acts and subordinate statutes governing the comprehensive wage of the petitioner and minimum wage table;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;