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(영문) 부산지방법원 2017.08.09 2017고단3041
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the tenant representative meeting of Busan Jin-gu, Busan, who is an employer who runs the real estate management business by using one full-time worker.

1. An employer in violation of the Minimum Wage Act shall pay the workers subject to the minimum wage at least the minimum wage determined and publicly notified annually by the Minister of Labor, and the minimum wage determined and publicly notified by the Minister of Labor shall be 5,210 won per hour in 2014, 5,580 won per hour in 2015, and 6,030 won per hour in 2016;

Nevertheless, the Defendant did not pay the above minimum wage above the hourly rate from November 1, 2013 to May 6, 2016, to the person who retired from office after serving as a security guard at the same place of business from November 1, 2013 to October 31, 2014, including payment of KRW 5,013 won per annum from November 1, 2014 to December 31, 2015.

2. An employer who violates the Labor Standards Act shall pay workers the full amount of wages at least once a month on a fixed date;

Nevertheless, the Defendant paid wages to 277,320 won when paying the difference between the minimum wage and the agreed wage at the workplace at the end of October 2014, and did not pay 7,334,76 won in total over 26 times from around that time to December 2016, as stated in the attached minimum wage difference (unpaid amount).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s written petition, three copies of annual salary contract, 2014, and 2015 application of statutes on the calculation of the difference of minimum wage in 2015;

1. Articles 28(1) and 6(1) (which means the payment of wages below the minimum wage amount) of the relevant Act on the basis of criminal facts, Articles 109(1) and 43 of the Labor Standards Act (which means the payment of unpaid wages);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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