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(영문) 울산지방법원 2018.04.09 2017고정1203
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is an employer who runs educational service business at a D driving school located in Ulsan-gu, Ulsan-gu.

1. From February 1, 2017, the Defendant:

6. Until the 17.17., by paying wages below the minimum wage rate to retired Chinese language instructors, the difference of KRW 5,341,605 was not paid within 14 days from the date of retirement in which the grounds for payment occurred, without agreement between the parties on the extension of the payment period.

2. During the period specified in paragraph 1, the Defendant paid the above worker E wages below the minimum wage by paying 3,470 won below the minimum wage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on transaction details of passbooks and text details;

1. Relevant legal provisions of the relevant Act, Articles 109(1) and 36 of the Standard Labor Standards Act for Criminal Facts, Articles 28(1) and 6(1) of the Minimum Wage Act (which means the payment of wages), and selection of fines, respectively;

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. Penalty fine of KRW 1,000,000 to be suspended;

1. Article 59 (1) of the Criminal Act (i.e., the primary offender and E’s ability to teach or neglect to work; and (ii) the fact that the defendant attempted to reach an agreement but could not contact with E, etc.);

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