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(영문) 창원지방법원 2015.03.20 2014고정1273
최저임금법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is the representative of the “D” entity that sells skiing goods at the window C of Changwon-si.

1. As between August 15, 2013 and December 20, 2013, the Defendant paid 2,739 won an hourly wage below the minimum wage, and paid 2,985 won per hour for October 2013 and November 2013 below the minimum wage.

Accordingly, the defendant paid wages below the minimum wage amount.

2. The Defendant, while working in the foregoing workplace on December 20, 2013, did not pay the difference in the minimum wage of the retired worker E on December 20, 2013, the total of 3,056,720 won on December 2, 2013, the difference in the minimum wage of the retired worker F on the same day, and the total of 3,056,720 won on December 2, 2013, within 14 days from the date of the retirement without any agreement on the extension

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each written appeal and each written statement;

1. The details of unpaid money and goods for each individual and the application of Acts and subordinate statutes on arrears;

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

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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