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(영문) 광주지방법원 2016.05.20 2016고정283
최저임금법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant, as the actual management owner of the “C” in Gwangju North-gu, is running a service business with two full-time workers.

1. The employer shall pay the worker to whom the minimum wage is applied the wage above the minimum wage determined and publicly announced by the Minister of Labor each year, and the minimum wage from January 1, 2015 to December 31 of the same year shall be 5,580 won at the City wage.

Nevertheless, the Defendant served in the said workplace from May 8, 2015 to October 5, 2015, and paid D retirement wages from May 8, 2015 to October 5, 2015, and paid only the amount of wage of KRW 2,958 below the minimum wage amount.

2. When a worker retires, an employer shall pay wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, as seen above, did not pay the amount of KRW 4,204,020 as stated in the list of crimes in the attached Table, to the lapse of 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, by having worked in the above workplace from May 8, 2015 to October 5, 2015 and paying the amount of wages of KRW 4,204,020, as stated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made in the police statement protocol with D;

1. Application of the relevant statutes to each of the grounds for non-receiving money or valuables, and the details of transactions;

1. Relevant Articles 28(1) and 6(1) of the Minimum Wage Act (which means the payment of wages below the minimum wage amount) for criminal facts, Articles 109(1) and 36 of the Labor Standards Act, and the choice of fines for negligence;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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