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(영문) 광주지방법원 2017.02.03 2016고단5855
최저임금법위반등
Text

Punishment on the accused shall be determined by a fine of 200,000 won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The Defendant is an employer who sells clothes with the trade name of “C” in Gwangju Mine-gu, the trade name of “E” in Gwangju Mine-gu, each of which is employed by one full-time employee in Gwangju Mine-gu D.

1. From January 19, 2016 to March 22, 2016, the Defendant violated the Minimum Wage Act, who was working in the above “C” clothes store, and was retired from office, paid wages of which KRW 481,010 is less than the minimum wage, such as the wage calculation sheet in attached Form 3.

2. On January 19, 2016, the Defendant violated the Labor Standards Act: (a) concluded a labor contract with each F on May 20, 2016 at the above “C’s clothing store; (b) did not prepare a document stating the method of calculating wage items, payment method, prescribed working hours, holidays, and annual paid leaves; and (c) did not deliver it to the F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to A by the police (one time, two times);

1. Application of Acts and subordinate statutes to report on investigation (the amount in arrears, the amount in arrears, and the receipt of documents related to the amount in arrears);

1. Relevant Article of the Act on Criminal Facts, Articles 28 (1), 6 (1) of the Minimum Wage Act (which means the payment of wages below the minimum wage), and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (which means the violation of the duty to specify the working conditions);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of this part of the facts charged is that the Defendant did not pay F the sum of KRW 481,010 during the period of the service of the “C” clothing store and KRW 661,910 during the period of the service of the “E” clothing store and KRW 180,900 during the period of the service of the “E” clothing store to F within 14 days from the date of retirement without agreement on extension

2. The above facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and are the victims under Article 109(2) of the Labor Standards Act, the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

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