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(영문) 수원지방법원 성남지원 2016.07.06 2013고정484
최저임금법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who engages in transportation business using 70 full-time workers under the trade name of “limited partnership D (hereinafter “instant taxi company”)” in Seongbuk-gu Seoul Special Metropolitan City, Seongbuk-gu.

The defendant shall pay his/her employees wages of at least 4,10 won at the minimum wage in 2010, 4,320 won at the minimum wage in 201, and 4,580 won at the minimum wage in 2012.

Defendant E, who had worked from June 27, 2007 to the present workplace, and from April 21, 2011, paid to E the amount of wages of KRW 1296.55 won per hour to April 201, and paid E the amount of wages of KRW 6,024,970 below the minimum wage amount, and the amount of wages of KRW 3,98,268 below the minimum wage amount to F.

The Defendant, from October 13, 2010 to October 13, 2010, the lower wage of 4,663,180 won (902,318 won in an amount below the minimum wage for 2010, 2,962,056 won in an amount below the minimum wage for 2011, and 798,906 won in an amount below the minimum wage for 2012, and the amount below the minimum wage for 2012 from September 30, 2010, appears to be a clerical error.

5,088,828 won (1,031,445 won below the minimum wage in 2010, 3,237,519 won below the minimum wage in 201, and 819,864 won below the minimum wage in 2012) below the minimum wage in 2012.

Summary of Evidence

[2013 High 484]

1. Partial statement of the defendant;

1. Each statement of the witness E and F in the second public trial records;

1. A protocol concerning the examination of the accused by the prosecution (including attached materials, such as rules of employment);

1. Part of the police statement protocol with regard to I;

1. Each wage ledger "2013 high-level 1275";

1. Partial statement of the defendant;

1. Statement made by the witness G in the seventh public trial records;

1. Entry of a witness H's partial statement in the seven-time public trial records;

1. Part of the statement made to I by the police;

1. Rules of employment (204);

1. Determination on the assertion by the Defendant and the defense counsel on each wage ledger

1. The Parties’ assertion.

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