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(영문) 부산지방법원 2016.10.26 2016고단2018
최저임금법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is a user who operates a new manufacturing business using 20 full-time workers under the trade name of “(main) K” in Busan-gu J.

1. Any employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage amount annually the minimum wage amount determined and publicly announced by the Minister of Employment and Labor, and shall pay 5,210 won or more per hour for 2014 and 5,580 won or more per hour for 2015;

Nevertheless, from August 25, 2014 to May 26, 2015, the Defendant paid an amount of 3,147,855 won, which is less than the minimum wage amount, as stated in the attached Table of the amount below the minimum wage amount, to 20 workers, who were employed in the said workplace and retired from office, as wages, from January 25, 2015 to May 26, 2015, and paid as wages the amount of 43,934,781 won which is less than the minimum wage amount to 20 workers.

2. Where an employer in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits dies or retires, the employer shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, while working in the said workplace from January 2, 2013 to May 30, 2015, includes KRW 10,514,224, total amount of wages and retirement allowances of retired workers M, as well as the name of workers in the attached Table No. 5 of the details of the money and valuables in arrears on the attached Table of the details of the money and valuables in arrears, is N.

The total amount of 107,763,699 won of the wages and retirement allowances of 16 workers (excluding D, E, F, G, H, and I from among 22 workers listed in the detailed statement of payment in arrears) shall not be paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of the police officer against theO;

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