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Reasons
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(영문) 부산지방법원 2015.08.20 2015고단1812
최저임금법위반등
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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of D in Busan-gu, who is a user who conducts a new launch manufacturing business using 25 full-time workers.

An employer shall pay wages exceeding the minimum wage amount to workers to whom the minimum wage is applied, and the minimum wage in 201 shall be paid 4,320 won at a City wage in 201, 4,580 won at a City wage in 2012, 4,580 won at a City wage in 2013, 4,860 won at a City wage in 2013, and 5,210 won at a City wage

Nevertheless, the Defendant is working in D from August 1, 2006 to October 15, 2014.

From October 16, 201 to October 15, 2014, when paying wages to E who are retired workers, the hourly wage was determined as KRW 2,900 in 201; the Si wage was determined as KRW 3,000 in 2012; the Si wage was determined as KRW 3,200 in 2013; the Si wage was determined as KRW 3,200 in 2013; and the amount was determined as KRW 3,300 in 2014 to pay the monthly wage below the minimum wage amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the minimum wage shortage settlement table, and copies of salary bags;

1. Article 28 (1) and Article 6 (1) of the Minimum Wage Act concerning facts constituting an offense (the fact that the minimum wage is not paid and the choice of fines);

1. The part concerning dismissal of prosecution under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse;

1. When a worker dies or retires, the employer shall pay him/her wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working in D from August 1, 2006 to October 15, 2014.

From October 16, 201 to October 15, 2014, E, who is a retired employee, did not pay 24,100,180 won, including the total amount of 13,274,300 won, in total, which falls short of the minimum wage amount corresponding to the difference between the minimum wage and the wages actually paid to E, to E, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

2. Each indictment of this case shall be instituted.

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