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(영문) 대전지방법원 천안지원 2016.12.16 2016고정368
최저임금법위반등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is the business owner of D Co., Ltd. (hereinafter “instant company”) located in Asan-si (hereinafter “instant company”) who employs 65 full-time workers and operates a branch business.

An employer violating the Minimum Wage Act (1) shall pay every year wages exceeding the minimum wage amount determined and publicly notified by the Minister of Employment and Labor to an employee subject to the Minimum Wage Act, and the minimum wage in 2015 is KRW 5,580 per annum. The Defendant paid wages to an employee E who is currently employed on June 29, 2002 at the same workplace, including the payment of wages of KRW 5,465 per hour below the minimum wage amount, and the payment of wages below the minimum wage amount was made to 7 workers as shown in attached Table 1 of the daily crimes committed. 2) Wage in violation of the Labor Standards Act shall be paid in full to an employee in currency.

As stated in paragraph (1), the Defendant paid less than the minimum wage of 23,876 won, which is the difference, on January 2015, and did not pay 23,876 won on the fifth day of the following month, which is the regular wage payment date, as well as on the total wage of 1,63,438 won for 7 workers, as listed in attached Table 1 of the Crimes List.

B. 1) An employer violating the Minimum Wage Act (hereinafter “2016 High 592”) paid workers subject to the minimum wage amount each year a wage exceeding the minimum wage amount determined and publicly notified by the Minister of Employment and Labor, and the minimum wage in 2015 is KRW 5,580 per annum. The Defendant paid the wages below the minimum wage amount to workers E, who were employed as grassland and multi-packaged workers on June 29, 2002, and worked as grassland, and paid wages below the minimum wage amount, as indicated in attached Table 2, including the amount of wages paid KRW 5,465 per annum below the minimum wage amount. 2) Wage in violation of the Labor Standards Act directly to workers in currency.

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