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(영문) 전주지방법원 2014.10.31 2014고정778
최저임금법위반등
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A and Defendant B are the common representative director of the (Y)G in Jinjin-gu Seoul Metropolitan City, who ordinarily employs four workers and operates the taxi transport business.

1. An employer shall pay workers to whom the minimum wage is applied wages not less than the minimum wage determined and publicly notified by the Minister of Employment and Labor each year (minimum wage of 4,860 won in 2013, and the minimum wage of 5,210 won in 2014);

Nevertheless, the Defendants, as from December 29, 2010, paid KRW 4,533 through KRW 4,852 at the time of below the minimum level of 4,860 won in 2013, and KRW 4,60 from KRW 4,60 to KRW 4,801 at the time of below the minimum level of 5,210 in 2014, as in the crime sight table, to 3 others, such as H, who worked as a driver as from December 29, 2010.

2. The full amount of wages shall be paid directly to workers in currency;

Provided, That if otherwise provided in Acts and subordinate statutes or a collective agreement, part of wages may be deducted or paid by means other than currency.

Nevertheless, the Defendants did not pay the sum of KRW 1,026,013 (10th day of November 10 to April 10, 2013, which is the regular payment date (10th day of April), to three other persons, including H, who work as drivers, from December 29, 2010 to December 10, 201, which is the sum of 1,026,013 below the minimum wage amount from October 2013 to March 2014, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement to I;

1. The application of Acts and subordinate statutes to a report on investigation into wages in arrears and a report on investigation results;

1. Relevant legal provisions concerning facts constituting an offense and the Defendants’ choice of punishment: Each of the Defendants shall be punished by a fine under Articles 28(1) and 6(1) of the Minimum Wage Act, Articles 109(1) and 43 of the Labor Standards Act, and the choice of a fine

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Sentence Defendants: 300,000 won per fine; and

1. Defendants to be detained in the workhouse: Articles 70 and 69 of the Criminal Act.

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