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(영문) 수원지방법원 여주지원 2016.03.22 2015고정264
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant is, as the representative director of the DD located in C at the female city, an employer who runs a manufacturing business using ten full-time workers.

1. The Defendant violated the Labor Standards Act was not paid KRW 1,177,520 in June 2, 201, and KRW 1,982,30 in July 201, and KRW 1,982,30 in August 2014, and KRW 1,982,30 in September 201, and KRW 8,852,160 in October 201, and KRW 8,976,580 in October 30 in the said workplace without agreement between the parties on the extension of the payment date.

2. An employer in violation of the Minimum Wage Act shall pay workers subject to the minimum wage to pay the minimum wage above the minimum wage, and the accused shall pay the wages of at least 5,210 won per hour at the minimum wage during the period from January 1, 2014 to December 31, 2014, and the F is a worker who works in the above workplace from July 8, 2007 to August 13, 2014.

Nevertheless, the Defendant paid wages to F who worked in the above workplace from January 2014 to August 2014, and paid the hourly 4864.7 won below the minimum wage.

Summary of Evidence

1. Partial statement of the defendant;

1. Each petition of the F and E;

1. E statements;

1. Details of confirmation of fact, such as telephone (E);

1. Application of Acts and subordinate statutes to the place of correction;

1. Relevant Articles 109(1) and 36 of the Act on the Standards for Selective Labor for Criminal Facts, Articles 28(1) and 6(1) of the Minimum Wage Act (the payment of wages below the minimum wage amount), and the selection of fines for negligence;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel are the amount paid regardless of the extension of F’s payment statement (the first four-hour extension payment), extension allowances (additional two-hour extension allowances) and overtime allowances (additional two-hour extension allowances).

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