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(영문) 서울남부지방법원 2018.10.11 2016고정2988
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd. in Guro-gu Seoul Metropolitan Government who runs the taxi transport business using approximately 150 full-time workers.

(a) An employer shall pay an employee to whom the minimum wage is applied at least the minimum wage; KRW 5,580 per hour from January 1, 2015 to December 31, 2015; and KRW 6,030 per hour from January 1, 2016 to December 31, 2016 to December 31, 2016 to the minimum wage under the Minimum Wage Act.

Nevertheless, the Defendant paid KRW 5,226.11, and KRW 5,96.09 on an hourly rate below the minimum wage at the time of wage payment during the period from January 30, 2015 to July 31, 2015, when he/she had worked in the said workplace as from January 30, 2015, and was reinstated on December 31, 2015, and he/she had worked as a worker D again dismissed on January 9, 2016 until July 31, 2015.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay 78,803 won in total, as stated in the column for the amount of less than the minimum wage amount for the wage in January 2015, to D workers of the above paragraph (a) above, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, as well as 4,176 won below the minimum wage amount for the wage in January 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording of a witness D's statement recorded in a file for recording a legal recording system among the third-time trial records;

1. Statement by the police respondent to E (2j);

1. Application of the Labor Contract (Evidence No. 36 pages), the monthly fixed-amount wage calculation table (Evidence No. 39 pages), the monthly wage calculation table for each individual (Evidence No. 80 pages, 180 pages), the wage ledger for each individual (Evidence No. 205 pages), the wage ledger (Evidence No. 205 pages);

1. Relevant Article of the Act and Articles 28(1) and 6(1) of the Minimum Wage Act concerning facts constituting an offense (not exceeding the minimum wage) and the Gu.

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