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(영문) 대구지방법원 2013.05.16 2013고정656

최저임금법위반등

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who operates a Korean-style business with five full-time workers in Daegu Northern-gu C with the trade name of "B".

Criminal facts

1. The Defendant, in violation of the Minimum Wage Act, should pay each worker KRW 4,320 per hour in 201, and hourly KRW 4,580 per hour in 2012. However, from December 201 to June 2012, the Defendant paid the worker D totaling KRW 3,223,80, as indicated in the separate list of crimes, to the worker D, less than the statutory minimum wage amount.

2. The Defendant violating the Labor Standards Act is working in the above workplace.

On June 27, 2012, an employee D retired on December 12, 2011, did not pay a total of KRW 3,223,800 from December 12, 201 to June 201 without an agreement on extension of the due date for payment, as shown in the list of crimes in the attached Table, including KRW 405,120, as well as KRW 3,223,80.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the defendant and D

1. Details of the minimum wage unpaid and accounting books;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 28(1) and 6(1) of the Minimum Wage Act applicable to the facts constituting an offense, and Articles 109(1) and 36 of the Labor Standards Act (the point of payment of wages and the choice of fines);

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.