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(영문) 서울남부지방법원 2017.11.23 2017고정1102
근로기준법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a representative director of Seo-gu, Incheon and 303, who is a company managing a service business using 22 full-time workers.

An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Labor, and shall pay wages at least 6,030 won per hour during the period from January 1, 2015 to December 31, 2015, and at least the minimum wage per hour during the period from January 1, 2015 to December 31, 2015.

Nevertheless, the defendant worked in the above workplace from March 1, 2015 to February 29, 2016 and did not pay 3,074,496 won in aggregate of the difference below the minimum wage, as shown in the attached Table 2.

Summary of Evidence

1. Statement by the police petitioner to E;

1. Statement E in the police statement protocol of the defendant and the police statement about E;

1. Statement made to F by each police petitioner;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article of the Act concerning facts constituting an offense and Articles 28 (1) and 6 of the Minimum Wage Act selected as a penalty (in all cases, selection of fines);

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

1. The summary of the part dismissing the public prosecution of Article 334(1) of the Criminal Procedure Act in the indictment of this case is that the violation of the Labor Standards Act and the violation of the Act on the Guarantee of Workers' Retirement Benefits among the charges of this case is not paid within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties, as stated in the attached Table 1, the sum of the night work allowances specified in the attached Table 1,005,227, the sum of the night work allowances specified in the attached Table 1, and 342,338.

This can not be prosecuted against the victim's explicit intent.

In this regard, on November 23, 2017, after the public prosecution of this case was instituted, the worker E expressed his wish not to punish the defendant.

Therefore, Article 327 No. 6 of the Criminal Procedure Act is applicable.

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