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(영문) 부산지방법원 서부지원 2019.05.01 2018고단1845
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 23, 2019, the dismissal decision was made on the violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits.

The defendant is a business owner or user who is the representative director of the (State)C located in the Dong-gu Busan Metropolitan City, and is engaged in the facility management service business using 300 full-time workers.

An employer shall pay wages exceeding the minimum wage amount determined and publicly announced by the Minister of Employment and Labor every year to workers subject to the minimum wage, and according to the above public notice, the minimum wage in 2013 is the Si wage of 4,860 won, the Si wage of 2014, the Si wage of 5,210 won, the Si wage of 5,580 won in 2015, the Si wage of 6,030 won in 2016, and the Si wage of 6,470 won in 2017.

Nevertheless, the Defendant is working as a parking account member at the parking lot of the D Hospital managed by the Defendant from January 1, 2012 to March 31, 2017.

In the case of withdrawal E, the wage of April 2013 falls short of 683,440 won on the minimum wage and the same year.

5. From that time to March 2017, a sum of 44,471,445 won was paid from that time below the minimum wage amount, such as the statement of overdue wages paid around 20.20.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the statement E during the investigation of the identity of the petitioner, the respondent's representative, and the part of the statement E in the investigation of the suspect against the defendant;

1. Each statement of F and E;

1. E’s written petition and supporting materials;

1. Application of Acts and subordinate statutes to the specifications of overdue wages, each employment contract, each employment contract, parking confirmation statement, each emergency center's work records (receipt), salary specifications, studios, emergency center's specifications, wages ledger, monthly wages payment statement, monthly wages payment statement, annual salary statement, employment rules, average wages and retirement allowances calculation statement

1. Article 28 (1) and Article 6 (1) of the Minimum Wage Act applicable to the relevant criminal facts, and Articles 28 (1) and 6 (1) of the same Act, and the selection of fines;

1. Wages below the minimum wage level E for a considerable period of time for the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act for detention in the workhouse.

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