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(영문) 의정부지방법원 2017.10.19 2016고정1340
최저임금법위반
Text

The defendant shall be innocent.

Reasons

1. The user of the summary of the facts charged in this case shall pay the minimum wage to the workers subject to the minimum wage.

Nevertheless, the Defendant paid a total of KRW 601,474 as wages in March 201, to taxi workers E while operating a D Co., Ltd. in the city of Jung-si on April 5, 2011, and did not pay KRW 491,186 below the minimum wage.

In addition, as shown in Appendix 1, the Defendant paid KRW 5,167,64, out of the benefits of the above E from March 201 to December of the same year, KRW 7,388,481, out of the benefits from January 201 to December of the same year, as shown in Appendix 2, as shown in Appendix 2, and KRW 7,91,270, out of the benefits from January 2013 to December of the same year as shown in Appendix 3, as shown in Appendix 3, and KRW 5,924,864, out of the benefits from January 2014 to August of the same year, as shown in Appendix 4, 2014.

2. Determination

(a) Article 6 (Effect of Minimum Wage Act) (1) An employer shall pay workers subject to the minimum wage to whom the minimum wage applies at least the minimum wage amount;

(2) No employer may lower the previous wage level on the ground of the minimum wage determined under this Act.

(3) Any portion determined as wages by an amount short of the minimum wage in a labor contract between an employee and an employer subject to the minimum wage shall be null and void, and in such cases, null and void portion shall be deemed to have been paid the same wage as the minimum wage as prescribed by this

(4) The wages falling under any of the following subparagraphs shall not be included in the wages referred to in paragraphs (1) and (3):

1. Wages, other than those paid periodically once or more per month which are determined by the Minister of Labor; 2. Wages, other than those paid for the prescribed working hours or prescribed working days under Article 2 (1) 7 of the Labor Standards Act, which are determined by the Minister of Labor;

3. Other minimum amount of wages.

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