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(영문) 의정부지방법원 2017.11.30 2017고정1868
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant, as the representative of “D” located in both weeks, is a person who runs a cargo transport business using eight full-time workers.

1. An employer who violates the minimum wage law shall pay the workers subject to the application of the minimum wage amount above the minimum wage amount;

Defendant paid wages at least KRW 1,328,260 per September, 2015 by applying the minimum wage rate of KRW 5,580 per month to E who worked at the above workplace from September 1, 2015 to October 29, 2016, as well as paying KRW 1,110,00 per month, from that time to March 2016.

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

Nevertheless, the defendant did not deliver to E a document stating the above matters while working in the above workplace from September 1, 2015 to October 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition for E, a statement prepared by the police for E, and a statement of each benefit;

1. Application of Acts and subordinate statutes as a result of inquiry about criminal history;

1. Article 28 (1), Article 28 (1), Article 6 (1) of the Minimum Wage Act (which means the payment of wages below the minimum wage), Article 114 subparagraph 1, and Article 17 of the Labor Standards Act concerning facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the defendant recognizes all the criminal facts of this case and reflects his mistake, and wages to workers E.

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