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(영문) 의정부지방법원 2018.04.30 2017노3112
근로기준법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which convicted the Defendant of the facts charged in this case on the following grounds is erroneous by misunderstanding the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

The argument is asserted.

1) In light of the above, the Defendant agreed to pay wages below the minimum wage level between the worker E and the disabled, and the Defendant does not have any obligation to pay the worker E wages with the minimum wage, and there is no unpaid wage.

2) Since workers E received all wages from December 2014 to March 2015, and did not work on October 2015 and November 11, 2015, the total amount of wages during the above period should not be included in unpaid wages.

3) The Defendant and the employee E agreed to the total amount of the unpaid wages and retirement allowances of KRW 13,00,000,000, and the Defendant paid KRW 9,100,000 remaining after deducting KRW 3,90,000 already paid to the employee E, there is no unpaid wages or retirement allowances.

B. The Defendant asserts that the sentence imposed by the lower court (2 million won in penalty) was too too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The Defendant, as the representative of Sincheon-si C in the instant facts charged, is an employer who ordinarily employs three to four full-time workers and operates a small-scale manufacturers.

1. An employer who violates the minimum wage law shall pay workers subject to the application of the minimum wage amount to the minimum wage amount above the minimum wage amount, and shall pay 4,860 won per hour for 2013, 5,210 won per hour for 2014, 5,580 won per hour for 2015, and 6,030 won per hour for 2016;

Nevertheless, the Defendant is the hourly rate of 3,992 won in 2013, the hourly rate of 4,116 won in 2014, and the hourly rate of 2015 for E working from October 7, 2008 to April 23, 2016.

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