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(영문) 울산지방법원 2016.03.18 2016고정89
최저임금법위반등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative director of the CC located in Yangsan-si (State), is an employer who runs automobile maintenance business using 13 full-time workers.

1. From May 1, 2006 to February 14, 2014, the Defendant paid wages below the minimum wage amount to D workers who worked at the said workplace, as shown in the list of crimes attached hereto, from April 1, 2012 to February 2, 2014.

2. From May 1, 2006 to February 14, 2014, the Defendant did not pay 9,777,487 won in total as wages and retirement allowances to D workers who worked at the pertinent workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Each security log and application of rules of employment statutes;

1. Article 28 (1), Article 28 (1), Article 6 (1) of the Minimum Wage Act (which is below the minimum wage), Article 109 (1), and Article 36 of the Labor Standards Act (which is not paid of wages), Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which is not paid of retirement allowances), and the selection of fines for each crime;

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. After instituting the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the defendant deposited KRW 10,542,283 equivalent to the unpaid wages and retirement allowances for workers D (at present, the defendant and D are pending in this court; if the defendant is declared that there are wages that are not paid to D in addition to D in the above civil procedure, it would be expected that the defendant will pay them), the defendant divided and reflects errors, and there is no particular criminal history, and other various sentencing conditions indicated in the records of this case, such as the defendant's age, sexual behavior, environment, motive, background, means and result of the crime of this case, circumstances after the crime, etc., are considered.

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