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(영문) 서울중앙지방법원 2019.01.31 2018고정2726
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 the representative of the C Licensed Real Estate Agent Office in Seocho-gu Seoul Metropolitan Government who runs real estate brokerage business using one full-time worker.

1. An employer shall pay workers to whom the minimum wage is applied the wages above the minimum wage amount determined and publicly announced by the Minister of Employment and Labor each year, and shall pay at least the hourly minimum wage of 6,470 won per hour during the period from January 1, 2017 to December 31, 2017, and at least 7,530 won per hour during the period from January 1, 2018 to December 31, 2018;

Nevertheless, the Defendant paid 3,836 won per hour below the minimum wage while paying wages to D workers who worked as the head of the office on December 2, 2017 through February 2, 2018, and 5,753 won per hour below the minimum wage while paying wages on March 2018.

2. The Defendant paid wages below the minimum wage in the office of the said licensed real estate agent, and paid wages to the said D who worked from December 5, 2017 to April 20, 2018, as above, 126,30 won in the difference of wages for December 2017; 76,763 won in the difference of wages for January 2, 2018; 76,763 won in the difference of wages for February 2018; 2,122,897 won in the difference of wages for March 2018; and 1,308,714 won in total,3,431,611 won in the amount of wages for April 2018; and

3. When an employer concludes a labor contract, he/she shall clearly state the matters as determined by the Labor Standards Act, such as wages and contractual work hours, to the workers, and deliver a written statement specifying the said matters to

Nevertheless, the Defendant concluded a labor contract with D who worked from December 5, 2017 to April 20, 2018, and did not specify working conditions in writing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Details of arrears and the application of Acts and subordinate statutes to submit data;

1. Article 28 of the Minimum Wage Act regarding criminal facts

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