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Reasons
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(영문) 수원지방법원 안양지원 2015.09.04 2015고단500
최저임금법위반등
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Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The defendant is a user who operates a restaurant with five regular workers at the militaryposi D (Gu E) located in the militaryposi, and F is a person who served and retires from the above workplace from August 21, 2012 to November 18, 2014.

1. Although the minimum hourly wage determined and announced by the Minister of Employment and Labor was KRW 4,580 in 2012, KRW 4,860 in 2013, KRW 5,210 in 2014, KRW 3,835 in 2012, KRW 3,835 in 2013, KRW 3,835 in 2013, or KRW 4,689 in 2014 in 2014, the Defendant paid wages below the minimum annual wage amount.

2. The Defendant did not pay the F’s total amount of 11,135,782 won in arrears, as shown in the attached Table of Crimes (including KRW 4,979,356), as well as the minimum wage from September 2012 to November 2014, within 14 days from the date of retirement, without an agreement between the parties to the extension of the payment due date.

3. The Defendant did not pay F retirement pay of KRW 2,302,638 within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to internal investigation reports, average wages and retirement allowances;

1. Article 28 (1), Article 6 (1) of the Minimum Wage Act (which means the payment of wages below the minimum wage amount), Articles 109 (1) and 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of wages below the minimum wage amount), Article 109 (1) and Article 36 of the Labor Standards Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. Taking into account the unpaid amount for sentencing under Article 334(1) of the Criminal Procedure Act, the circumstances leading up to the payment of the amount below the minimum wage under law, the size of the company, and the fact that there is no record of the same crime.

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