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(영문) 수원지방법원 안산지원 2017.04.13 2017고정176

최저임금법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant, as a representative of the D convenience store located in Si interesting City, is an employer who employs four full-time workers and engages in retail business (convenition store).

An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified by the Minister of Labor each year, and shall pay at least the minimum hourly wage of 5,210 won during the period from January 1, 2014 to December 31, 2014, 5,580 won per hour during the period from January 1, 2015 to December 31, 2015, and at least the minimum wage of 6,030 won per hour during the period from January 1, 2016 to December 31, 2016, respectively.

Nevertheless, the Defendant paid 4,833 won, 5,000 won, 5,370 won, which falls short of the minimum wage amount, to E retired workers who were employed from the above workplace from March 1, 2010 to July 27, 2016, while paying wages from January 1, 2014 to July 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

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

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of this part of the facts charged is that the Defendant, as a representative of the D convenience store located in C, was an employer who ordinarily employs four workers and engages in retail business (convenition store).

(a) An employer shall, if a worker retires, pay the wages, compensations, and any other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, Defendant E’s wages from January 2014 to July 2016, which were employed for the period of work stated in facts constituting the crime in the above workplace.