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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant operates a taxi transport business with 17 regular workers as the representative director of the company D in Gyeonggi-gun Group C, and is an employer who operates a taxi transport business with six regular workers who actually operates a limited partnership E in the same address.
1. Any employer who violates the Minimum Wage Act shall pay the workers subject to the minimum wage amount above the statutory minimum wage amount, and the scope of wages included in the minimum wage of drivers in taxi transport business shall be the wages which are paid not less than once a month according to the payment conditions and payment rate prescribed in the collective agreement, employment rules, and labor contract excluding the wage calculated on the basis of the output;
From June 25, 2009 to December 31, 2014, the Defendant violated the Minimum Wage Act with respect to D Workers, at the above business place, did not pay KRW 19,54,250 in total to 12 workers by the same method as indicated in the attached Table 1, including the payment of the minimum wage from 2012 to 2014 to 2014, which should have to be paid to F taxi drivers F in accordance with the payment conditions and payment rate set forth in the rules of employment, excluding the wage calculated on the basis of output, from June 25, 2009 to 31, 2014.
B. From July 11, 2001 to December 31, 2014, the Defendant violated the Minimum Wage Act for workers of limited partnership companies E at the said limited partnership company E, the Defendant did not pay KRW 19,547,70 in total, the minimum wage amount from July 11, 2001 to December 31, 2014, and did not pay KRW 117,286,620 in the same manner to six workers, as indicated in the attached list of crimes, in addition, from 2012 to 2014.
2. The employer who violates the Labor Standards Act shall pay the full amount of wages to the workers not less than once a month.
D. Co., Ltd.