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(영문) 서울서부지방법원 2014.04.24 2013고정2851
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an employer who runs a taxi transport business using 110 full-time workers under the trade name of Eunpyeong-gu Seoul Metropolitan Government “C Stock Company”.

1. Although an employer has paid wages above the minimum wage amount to a worker who was subject to the minimum wage, the Defendant paid 3,473 won below the minimum wage amount per hour from November 6, 2006 to February 20, 201, which is the difference between the minimum wage amount and the actual wage amount, by paying 152,613 won, which is the difference between the minimum wage amount and the actual wage amount. On February 2, 2011, the Defendant paid 4,287 won below the minimum wage per hour by paying 4,320 won, which is the difference between the actual wage amount and the actual wage amount.

2. The Defendant did not pay KRW 890,519,00 from November 6, 2006 to February 20, 201, totaling KRW 196,449, totaling the amount below the minimum wage of the retired worker D, KRW 164,00, totaling the wage balance, KRW 530,020, and retirement allowance balance, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Written complaints and statements of D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, Article 28 (1) and Article 6 (1) of the Minimum Wage Act, concerning criminal facts;

1. Articles 40 and 50 (Trades Violating the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act)

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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