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(영문) 대구지방법원 2016.10.07 2016고단3597
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 18, 2016, the Defendant was sentenced to 10 months of imprisonment for fraud and 2 years of suspended execution in the Western Branch of the Daegu District Court on February 18, 2016, and the said judgment became final and conclusive on February 26, 2016.

The Defendant is the actual representative of the “D” located in Daegu Northern-gu C, and is an employer who conducts textile manufacturing business.

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified by the Minister of Employment and Labor each year, and accordingly, shall pay wages of at least 4,580 won from January 1, 2012 to December 31, 2012, 4,860 won from January 1, 2013 to December 31, 2013, and 5,210 won from January 1, 2014 to December 31, 2014, and from January 31, 2014 to December 31, 2015.

Nevertheless, the Defendant is working at the same workplace from December 20, 201 to March 31, 2015.

In paying wages for retired workers E in January 2014, the amount of 4,00 won below the minimum wage level of 5,210 won was paid, as well as the amount of 70,947,161 won in total by paying an hourly rate of less than the minimum wage amount to 27 retired workers, such as the details of violation of the minimum wage rate in attached Table 1 and the details of the attached Table 1-1 minimum wage difference.

2. An employer shall allow recess of not less than thirty minutes if working for four hours or a recess of not less than one hour if working for eight hours, during work hours;

Nevertheless, the Defendant is working from September 1, 201 to March 31, 2015 at the above workplace.

A total of 39 written indictment for retired workers, F, G, E, H, I, K, K, M, M, P, Q, Q, S, T, U, V,W, X, Y, Z, AB, AC, AD, AE, AE, AE, AF, AH, AH, AJ, AJ, AJ, AK, AM, AmM, AmP, AP, and Qu 39. However, the name of the employee is specified as F, etc.

60-day recess hours assigned during eight-hour hours per day, such as granting only 40 minutes of recess between 13:00 p.m. to 40:0 p.m.

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