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(영문) 서울중앙지방법원 2015.07.16 2014고정3928
최저임금법위반등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The defendant is the representative of the Seocho-gu Seoul Metropolitan Government D Building, who has run the building rental business using one full-time worker.

1. Any employer who violates the Minimum Wage Act shall pay the workers subject to the minimum wage at least the minimum wage amount determined and publicly notified by the Minister of Employment and Labor each year;

Nevertheless, the Defendant is working in the above workplace from December 27, 1989 to October 3, 2013.

In paying wages to retired workers E from November 2010 to October 2013, 2013, the hourly rate of 2,275 won (from November 201 to June 201) and 2,542 won (from July 2011 to October 2013) below the minimum wage amount per year, such as the written list of crimes in the attached list of crimes, was paid below the minimum wage amount.

2. When a worker retires, the employer in violation of the Labor Standards Act shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working in the above workplace from December 27, 1989 to October 3, 2013.

The retirement worker E did not pay the total amount of 26,161,386 won of the wages in arrears within 14 days from the time when the ground for payment occurred without an extension agreement between the parties on the date of payment.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Each police statement to G and E;

1. E statements;

1. A complaint;

1. Application of statutes on confirmation of facts, such as telephone;

1. Relevant legal provisions concerning facts constituting an offense, Articles 28 (1) and 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, and the choice of fines, respectively;

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 for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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