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(영문) 대구지방법원 서부지원 2020.04.07 2018고정370
최저임금법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. The Defendant who violated the Labor Standards Act due to non-delivery of the labor contract is the representative of the Cju shop in Daegu-gun District Court B, who employs one full-time worker and operates an entertainment business.

When an employer concludes a labor contract, he/she shall deliver a written document specifying wages, contractual work hours, holidays, annual paid leave, etc. to the worker.

Nevertheless, the defendant employed D at the above workplace on January 25, 2017, and did not issue a labor contract stating working conditions such as wages.

2. The Defendant violated the Minimum Wage Act: (a) from January 25, 2017 to February 18, 2018, the Defendant served in the said workplace and paid the said employee D wages of less than the minimum hourly wage of 6,470 won in 2017 and the minimum hourly wage of 7,530 won in 2018, such as “the details on the calculation of the difference with the unpaid minimum wage.”

3. The Defendant who violated the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits due to the failure to liquidate money and valuables and violated the Act on the Guarantee of Workers' Retirement Benefits was employed in the above workplace on a temporary basis, and did not pay 2,214,748 won and retirement allowance 1,77,261 won within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

2. Statement made by the police against D;

3. The organization of details and the application of statutes on SNS dialogues;

1. Article 114 subparag. 1 and Article 17 of the Labor Standards Act, Article 28(1) and Article 6(1) of the Minimum Wage Act, Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, for criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each selective fine (excluding the violation of the Labor Standards Act due to the breach of the terms and conditions of employment).

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