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(영문) 서울동부지방법원 2019.10.15 2019고정778

최저임금법위반등

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The Defendant is an employer who operates C Co., Ltd. in Songpa-gu Seoul Metropolitan Government.

An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly announced annually by the Minister of Employment and Labor.

Nevertheless, around June 2016, the Defendant paid workers D wages below the minimum wage amount by December 2017, including the payment of wages below the minimum wage amount of 6,030 won in the year 2016 at the above workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to a detailed statement of benefits and evidentiary data (wages agreement, employment contract, etc.);

1. Article 28(1) and Article 6(1) of the former Minimum Wage Act (amended by Act No. 14900, Sept. 19, 2017); the selection of fines for criminal facts;

1. Articles 70(1) and 69(2) (one million won per day) of the Criminal Act (when a sentence of suspension of execution of punishment is invalidated or revoked, when a fine is not paid);

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2011Do1548, Apr. 11, 2011) (see, 2018; 201Do1148, Apr. 2, 2011)) provides that “The scope of wages included in the minimum wage of workers engaged in driving service in taxi transport business shall be prescribed by Presidential Decree, excluding the wage calculated on the basis of the output,” and accordingly, Article 5-2 of the Enforcement Decree of the Minimum Wage Act (Amended by Presidential Decree No. 28711, Mar. 20, 2018) provides that “The scope of wages included in the minimum wage of workers engaged in driving service in taxi transport business shall be