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(영문) 대구지방법원 안동지원 2020.06.03 2018고단654

최저임금법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

As seen subsequent to the charged facts of this case, the part of the judgment of innocence and dismissal of prosecution as to the charged facts of this case is partially deleted and revised and recognized.

The Defendant, as the representative of the workplace C Co., Ltd. (hereinafter referred to as “C”) located at Ansan-si, is an employer who runs a construction business using 23 full-time workers.

1. Any employer who violates the Minimum Wage Act shall provide the workers subject to the minimum wage with wages exceeding the minimum wage amount;

Nevertheless, around June 2017, the Defendant paid 1,352,250,00 won below the wage of 6,470 won at the time of the minimum wage in 2017 to the workers D who work in the above workplace, and paid 7 workers below the wage of 1,250,000 won during the period from June 201 to October 2017 specified in the attached Table 1.

2. Wages in violation of the Labor Standards Act shall be paid at least once a month on the fixed date;

Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, the Defendant did not pay the total of KRW 11,941,350 from August 2017 to October 2017, as stated in attached Table 2, 5, 6, 8, 11, 12, 13, 16, 19, 20, 21, 22, and 23 of the wages of the total of 13 workers on the 25th day of each month, which is the ordinary wage payment date.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each statement made by the witness F in the fourth protocol of the trial, the witness G in the sixth protocol of the trial, and the witness H in the seventh protocol of the trial;

1. The report of the offender, the unpaid status of the employee's benefits, and the amount below the minimum wage on the list of crimes.