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(영문) 서울중앙지방법원 2013.04.02 2012고정771
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as the representative director of F, is an employer who runs construction business, building management business, etc. using eight regular workers.

1. The defendant, from August 10, 206 to December 31, 2010, paid wages equivalent to the hourly minimum wage amount of 3,558 won less than the minimum wage amount applied at the time of payment of wages on January 1, 2008, and paid wages equivalent to 3,770 won less than the minimum wage amount of 3,58 won at the Gangnam-gu Seoul G G G G G construction Center from August 10, 2006 to December 31, 201, 205 to 408, 205 hours per month (public notice x 40.5 hours x 4 hours per month for 208, 305 hours per month for which the minimum wage amount is not paid at the unit of the defendant (public notice x 258.5 hours x 4 hours per month) ± 90, 208, 704, 970, 395 to 398, 2968

2. The Defendant did not pay KRW 2,242,448 as the aggregate of the difference between the wages and the minimum wage amount received during the period of employment with the above H within 14 days from the date of retirement without an agreement on extension of the due date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by a witness H in the second trial records;

1. Partial statement of a witness I;

1. Application of Acts and subordinate statutes on employment contracts and the payment details of H wages;

1. Relevant statutory provisions regarding criminal facts, Articles 28 and 6(1) of the former Minimum Wage Act (amended by Act No. 11278, Feb. 1, 2012); Articles 109(1) and 36 of the Labor Standards Act; and selection of fines, respectively,

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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