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(영문) 대구지방법원 서부지원 2015.07.01 2014고정863

최저임금법위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Criminal facts

The defendant is the representative of the CPC bank in Daegu Seo-gu, who has operated the PC bank using two full-time workers.

1. An employer shall pay wages exceeding the minimum wage amount to workers to whom the minimum wage applies;

Nevertheless, on January 13, 2012, the Defendant, employed in the above workplace and served on retired workers D on January 13, 2012, paid less than KRW 1,328,680, the difference in the minimum wage in the year 2010, the difference in the minimum wage in the year 201, KRW 2,926,260, the aggregate of KRW 4,254,940.

2. When a worker dies or retires, the employer shall pay all money and valuables, such as wages, compensations, etc., within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant is employed by the above workplace.

On January 13, 2012, a retired worker D’s paid holiday allowances of KRW 1,380,960 in year 201, weekly holiday allowances of KRW 1,797,120 in year 201, and wages of KRW 577,060 in January 2012, and KRW 3,755,140 in total, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by witnesses D in the fourth trial records;

1. Partial statement of each police interrogation protocol against the accused (including D's statement in the second interrogation protocol);

1. Statement of E;

1. A schedule of the Internet bed monthly, and a detailed statement of adjustment of working hours;

1. Application of each relevant statute;

1. Relevant statutory provisions regarding criminal facts, Articles 28 and 6(1) of the former Minimum Wage Act (amended by Act No. 11278, Feb. 1, 2012); Articles 109(1) and 36 of the Labor Standards Act; and selection of fines, respectively,

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

1. Articles 70 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;