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(영문) 광주지방법원 2020.11.27 2020고정759
최저임금법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is an actual operator of the C Reading Office in Gwangju North-gu, who runs a service business using four full-time workers.

1. An employer who violates the Minimum Wage Act shall pay the wages above the minimum wage amount to the workers subject to the minimum wage, and 7,530 won per hour from January 1, 2018 to December 31, 2018, and 8,350 won per hour from January 1, 2019 to December 31, 2019 to December 31, 2019 were the minimum wage under the Minimum Wage Act.

Nevertheless, the Defendant works in the above reading room from August 3, 2018 to August 10, 2019 as a general secretary.

It paid 2,631 won per hour to retired workers D below the minimum wage amount.

2. An employer in violation of the Labor Standards Act shall clearly state wages, contractual work hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements in which the matters concerning the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leaves under Article 60 are specified;

Nevertheless, from August 3, 2018 to August 10, 2019, the Defendant works as a general manager in the above reading room.

When concluding an employment contract with D workers retired, they did not specify wages, contractual work hours, holidays referred to in Article 5, annual paid leave referred to in Article 60, and other working conditions prescribed by Presidential Decree. They did not issue to workers a written statement specifying the constituent items, calculation method, payment method of wages, contractual work hours, holidays referred to in Article 5, holidays referred to in Article 65, and annual paid leave referred to in Article 60.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A complaint;

1. Application of Acts and subordinate statutes on a petition;

1. The amount of less than the minimum wage under Article 28 (1) and Article 6 (1) of the Minimum Wage Act, which is applicable to the crime and Article 28 (1) of the same Act;

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