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(영문) 서울남부지방법원 2020.08.19 2020고정1034
근로기준법위반등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a joint representative of building B and building D located in Gangseo-gu Seoul Metropolitan Government and a user who runs wholesale and retail business using two full-time workers.

1. An employer in violation of the Labor Standards Act due to the failure to prepare a labor contract shall, when concluding a labor contract, clearly state the matters concerning working conditions, such as wages, prescribed working hours, holidays, annual paid leaves, etc., and deliver to the worker a written statement specifying the items and methods of calculating wages, prescribed working hours, prescribed working hours, holidays, and annual paid leaves

Nevertheless, the Defendant worked and retired from office from April 17, 2007 to April 28, 2015, and again worked from November 4, 2015 to May 2, 2019. In concluding a labor contract with E on November 4, 2015, the Defendant did not prepare and deliver a written labor contract in which working conditions, such as wages, are specified.

2. Any employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage amount determined and publicly notified each year by the Minister of Labor, and shall pay wages of at least 6,030 won per hour in 2016, 6,470 won per hour in 2017, 7,530 won per hour in 2018, and 8,350 won per hour in 2019.

Nevertheless, the defendant worked in the above workplace as described in paragraph (1) and paid the retired worker E wages below the minimum wage amount, such as the attached list of crimes.

Summary of Evidence

1. Application of Acts and subordinate statutes on transactions of passbooks by the police to the defendant's legal statement E;

1. Article 14 Subparag. 1, Article 17 of the Labor Standards Act regarding criminal facts, and Articles 28 and 6 (1) of the Minimum Wage Act (the point of paying the minimum wage below the minimum wage and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The money and other valuables in arrears under Article 62 (1) of the Criminal Act shall be all suspended;

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