beta
(영문) 서울중앙지방법원 2019.05.16 2018고정2120

최저임금법위반등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Criminal facts

The defendant is a user who operates real estate development business by employing 7 to 8 full-time workers as the representative director of Gangnam-gu Seoul Metropolitan Government (ju) C in the 13th floor of building B in Seoul.

1. In providing monthly wages to retired workers D while working in the above workplace from August 23, 2017 to February 28, 2018, the Defendant paid wages less than the minimum wage amount as indicated in the list of crimes, following: (a) monthly minimum wage of 2017 and monthly minimum wage of 1,352,230 won; and (b) monthly wage of 2018 below the minimum wage amount of 1,573,70 won.

2. The Defendant in violation of the Labor Standards Act did not pay 52,230 won in arrears for December 2017 to D workers who retired while working as stated in paragraph (1) at the above workplace without any agreement on extension of the due date between the parties concerned as stated in the list of crimes: (a) the Defendant did not pay the total of 59,770 won in arrears within 14 days from the date of retirement as stated in the list of crimes

The following is a summary of the evidence of 1,352,230 1,300,000 52,230 1,573,770 1,573,770 1,770,300,770 273,770 270 3,20 320 1,573,770 1,770 1,770 1,770 1,30,300 273,770 59,770 59,770 273,200

1. Legal statement of the witness D;

1. Partial statement of the police interrogation protocol of the defendant;

1. As to the Defendant’s assertion on the payment of wages, the Defendant asserts that he paid 30,000 won per month to D workers in cash in addition to the wages indicated in the wage ledger from October 2017 to October 2017, and thus, according to the evidence duly adopted and investigated by this court, the Defendant paid 30,000 won per month to D workers who continuously demand to increase the wage and continuously demand it. However, the Defendant’s additional payment of KRW 300,000 per month is money and valuables paid by the Defendant on his personal basis.