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(영문) 춘천지방법원 원주지원 2016.06.29 2016고정206
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of C (ju) on the eightth floor of the building B in the prime city, who employs six full-time workers, and engages in the management and maintenance business of the building.

1. An employer in violation of the Minimum Wage Act shall pay workers subject to the minimum wage to pay the minimum wage above the minimum wage amount, and each employer shall pay 4,860 won per hour for the minimum wage in 2013, 5,210 won per hour for the minimum wage in 2014, and 5,580 won per hour for the minimum wage in 2015;

Nevertheless, from January 2013 to December 2015, the Defendant paid wages below the minimum wage amount to D, who worked as a boiler engineer at the said workplace from January 2013 to December 2015, as shown in the list of crimes in attached Form 1, and paid wages below the minimum wage amount to five workers working at the said workplace as in the list of crimes from around that time to December 2015.

2. An employer in violation of the Labor Standards Act shall specify working conditions, such as wages, prescribed working hours, holidays, annual paid leaves, etc., to workers when concluding a labor contract, and shall deliver to workers a written statement specifying the items constituting the wages, calculation method, and methods of payment, small working hours, holidays, and annual paid leaves;

Nevertheless, the Defendant did not deliver to the employee a written statement indicating the constituent items of wages, calculation method, payment method, and small working hours, holidays, and annual paid leaves, when concluding a labor contract with the employees E on November 1, 201, with the employees F around April 1, 2013, with the employees F around April 1, 2013, and workers G on April 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. G and a written statement of A;

1. Application of Acts and subordinate statutes to each petition, power of attorney, status of service, difference in the minimum wage, details of passbook transactions, and application of Acts and subordinate statutes to the bonus ledger in December 2015;

1. Article 28(1) and Article 6(1) of the Minimum Wage Act concerning facts constituting an offense, and Articles 114 subparag. 1 and 17 of the Labor Standards Act: multiple-choices.

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