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(영문) 수원지방법원 여주지원 2016.01.06 2015고단300
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

The Labor Standards Act for the victims except the victims D.

Reasons

Punishment of the crime

The defendant is the representative member of the F in the limited partnership company E, who is engaged in taxi transportation business using 63 full-time workers.

1. An employer who violates the Labor Standards Act shall pay wages in full to workers in currency;

Nevertheless, the Defendant did not pay KRW 4,525,316 below the minimum wage amount from July 8, 2012 to January 2014 to D who worked as a taxi engineer from the above F to the date of October 8, 2012.

2. An employer who violates the minimum wage law shall pay workers a minimum wage exceeding the minimum wage amount, from January 1, 2012 to December 31, 2012, the Si wage of 4,580 won, from January 1, 2013 to December 31, 2013, the Si wage of 4,860 won, and the Si wage of 5,210 won from January 1, 2014 to December 31, 2014 were the minimum wage.

Nevertheless, Defendant paid 48 workers, who worked in the above F as taxi engineer on July 2012, including the sum of basic pay, extended allowances, and labor allowances, and paid 2,503 won at the time of the above F from July 2012 to January 2014, Defendant paid 48 wages below the minimum monthly wage amount, such as the list of crimes in attached Form (2).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. A written petition;

1. Application of Acts and subordinate statutes to each F Wage Agreement, a detailed statement of calculation of accounts payable, each F Benefit Ledger, data of re-verification of the date of actual entry and retirement, and the current status of monthly minimum wage difference;

1. Relevant provisions of the Act concerning criminal facts, Articles 28(1) and 6(1) of the Minimum Wage Act for the option of punishment, Articles 109(1) and 43(1) of the respective Labor Standards Act, and the choice of fines;

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. A fine of five million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day) to attract a workhouse;

1. The part dismissing the public prosecution under Article 59 (1) of the Criminal Act

1. The employer of the facts charged shall pay wages in cash.

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