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(영문) 창원지방법원 2016.12.21 2016고정781
최저임금법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the violation of the obligation to liquidate money.

Reasons

Punishment of the crime

The Defendant is a business owner who operates each restaurant with the trade name of “D” from the third floor of Busan Shipping Daegu Co., Ltd., and with the trade name of “F” from the second floor of Busan Shipping Daegu E, and is the following workers’ employer.

G served from D to March 16, 2015 as a worker during the period from April 11, 2014 to March 16, 2015, H served as a worker during the period from D to June 30, 2014 to March 16, 2015, and I served as a worker during the period from F to March 16, 2015.

1. The employer who violates the Minimum Wage Act shall not pay the workers subject to the minimum wage (the hourly wage of 5,210 won, the hourly wage of 2014, and the hourly wage of 5,580 won in 2015) less than the minimum wage or lower the previous wage on the ground of the minimum wage;

Nevertheless, the Defendant paid KRW 3,108 to G, from April 2014 to March 2015, to H from June 2014 to March 2015, to H, and to I from January 2015 to March 2015, to 3,108 won in an hourly rate below the minimum wage amount.

2. Violation of the Labor Standards Act.

(a) An employer who violates the duty to provide a written statement specifying the working conditions shall deliver workers a written statement specifying the method of calculating the items of wages related to the employment contract, the method of payment, contractual work hours, holidays and annual paid leave

Nevertheless, the Defendant concluded a separate employment contract with G on April 11, 2014, around June 30, 2014, with H on June 30, 2014, and around January 16, 2015, and did not deliver a document specifying working conditions.

(b) An employer who violates the obligation to grant recess hours or paid holiday shall allow not less than thirty minutes if working for four hours, or not less than one hour if working for eight hours, during the working hours, and allow workers at least one paid holiday per week average;

Nevertheless, the Defendant: (a) from April 2014 to March 2015, G to June 2015; (b) from June 2014 to March 2015 to H; (c) from January 2015 to March 2015 to I; and (d) from January 2015 to March 2015 to at least eight hours each day, and (e) has been engaged in labor for more than one hour.

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